Utah Admin. Code R23-20-6 - Expedited Appeals-Free Speech Activities
(1) Claims eligible for expedited appeal. The
following determinations of claims regarding a free speech activity may be
appealed as provided in Section in
R23-20-6.
(a) A determination by the managing agency
that a proposed event or activity is a commercial activity and not exempted as
a free speech activity;
(b) A claim
by an applicant that the managing agency's denial, or condition of approval, of
a proposed route, time or location for a free speech activity constitutes a
violation of this rule or an unlawful time, place, or manner restriction;
or
(c) Any other claim by an
applicant that any action by the state regarding the proposed free speech
activity impermissibly burdens constitutionally protected rights of the
applicant, sponsor, participants, or spectators.
(2) Process for Expedited Appeal:
(a) The state acknowledges an obligation to
process appeals regarding a free speech activity promptly to not unreasonably
inhibit or unlawfully burden constitutionally protected activities. Any time
limit stated in Section
R23-20-6 may be lengthened if
agreed to by the appellant and the managing agency.
(i) As soon as reasonably possible, but no
later than two working days after receipt of a completed registration, the
managing agency shall issue a determination, which may include lawful
conditions, or notice of denial of the registration
application.
(b) The
managing agency may deny the requested activity if:
(i) the requested activity does not comply
with the applicable rules;
(ii) the
registrant attempts to register a free speech activity, but the managing agency
determines that it is a commercial activity;
(iii) the event would disrupt, conflict, or
interfere with a state sponsored activity, a time or place reserved for another
free speech activity, the operation of state business, and such determination
is in accordance with applicable constitutional provisions; or
(iv) the event poses a safety or security
risk to persons or property and such determination is in accordance with
applicable constitutional provisions.
(c) The managing agency may place conditions
on the approval that alleviates such concerns, and such conditions are in
accordance with this rule and applicable constitutional provisions.
(i) If the applicant disagrees with a denial
of the request or conditions placed on the approval, the applicant may appeal
the managing agency's determination by delivering the written appeal and
reasons for the disagreement to the managing agency.
(ii) Within three working days after the
managing agency receives the written appeal, the managing agency may modify or
affirm the determination.
(iii) If
the matter is still unresolved after the issuance of the managing agency's
reconsideration determination, the applicant may appeal the matter, in writing,
within ten calendar days to the Executive Director of the Department of
Government Operations who will determine the process of the appeal and provide
for a determination within five working days.
(e) If the applicant for a free speech
activity needs a more expeditious process of an appeal, upon written request of
the applicant, the Attorney General or designee may advise the Executive
Director of the Department of Government Operations or the managing agency of
the need to make an immediate consideration of the appeal.
Notes
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