Utah Admin. Code R156-15A-210 - Compliance with Codes - Appeals
If the Commission is required to act as an appeals board under Subsection 15A-1-207(3)(b), the following shall regulate the convening and conduct of the appeals board:
(1)
(a) The appellant may petition the Commission
to act as the appeals board by filing a request for agency action as a formal
adjudicative proceeding under Subsection
63G-4-201(3)(a)
and Sections R151-4-202 and
R151-4-203. A request by other
means shall not be considered and shall be returned to the appellant with
appropriate instructions.
(b) The
appellant shall attach to the request:
(i) a
copy of the final written decision of the compliance agency interpreting or
applying the code that is the subject of the dispute; or
(ii) if the appellant has requested but has
not received a timely final written decision, an affidavit to this
effect.
(c) The request
shall be filed with the Division no later than 30 days following the issuance
of the compliance agency's disputed written decision.
(2) The compliance agency shall file a
written response to the request within 20 days after the filing of the request.
The request and response shall be provided to the Commission in advance of any
hearing to properly frame the disputed issues.
(3) Except for the time period in Subsection
(7), the time periods in this section may, upon a showing of good cause, be
modified by the presiding officer.
(4) The Commission shall convene as an
appeals board within 45 days after a request is properly filed.
(5) Upon the convening of the Commission as
an appeals board, the board members shall determine if a member of the board
has a conflict of interest that would preclude the member from fairly hearing
and deciding the appeal. If the board determines that a conflict does exist,
the member may attend the proceeding but may not participate in the
proceeding.
(6) The hearing shall
be a formal hearing held in accordance with Title 63G, Chapter 4,
Administrative Procedures Act.
(7)
Decisions relating to the application and interpretation of the code by a
compliance agency board of appeals:
(a) shall
be binding only for the specific individual case; and
(b) do not require Commission
approval.
Notes
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