Utah Admin. Code R23-26-6 - Administrative Appeal to the Executive Director of the Department of Government Operations
(1)
Administrative Appeal. The contractor may file a written administrative appeal
of the director's final resolution of the claim with the executive director.
The administrative appeal is the prerequisite for any further consideration by
the state, or to judicial review of the issue giving rise to the claim. It
shall be considered that the contractor, or another party brought into the
process by the division, has not exhausted its administrative remedies if such
an administrative appeal is not undertaken.
(2) Time for Filing. The administrative
appeal must be filed in writing promptly with the executive director and
delivered to the other parties to the claim, but in no case more than 14 days
after the contractor's receipt of the director's final resolution of the
claim.
(3) Content. The
administrative appeal must state the basis for the appeal.
(4) Response. Within five days of receipt of
the administrative appeal, any party may deliver to executive director written
comments concerning the appeal. A copy of such comments must be delivered to
the other parties to the claim within the same five day time period.
(5) Reply to Written Comments. Within five
days of receipt of written comments, any party may deliver to the executive
director a reply to the written comments concerning the appeal. A copy of such
reply must be delivered to the other parties to the claim within the same five
day time period.
(6) Executive
Director's Decision. Within 30 days of receipt of the administrative appeal,
and after considering the appeal, the director's final resolution, responses,
and replies, the executive director or their designee shall issue a final
decision of the appeal in writing and shall state the basis of the decision.
Failure of the executive director to issue a written decision within the 30 day
time period, shall entitle the appellant to seek judicial review of the claim.
The time period for the executive director's decision may be extended by
agreement of the executive director and the appellant.
Notes
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