Utah Admin. Code R25-3-11 - Informal Adjudicative Proceedings - Issuance of Decisions; Final Action

(1) Within 30 days after the close of the informal review hearing, the presiding Appeal Authority hearing officer shall issue in writing a signed decision, constituting the final action, which states the following:

(a) the decision;

(b) the reasons for the decision based on the facts appearing in the case files and on the facts presented in evidence at any review hearings;

(c) a statement that a Party aggrieved may within 20 days after the date that the decision is issued file with the presiding Appeal Authority hearing officer a written request for reconsideration;

(i) Filing of a request for reconsideration is not a prerequisite for seeking judicial review of the decision.

(d) a statement that a Party aggrieved may obtain judicial review of the decision in accordance with Section 63G-4-401 by filing a petition within 30 days after the date the decision constituting the final Appeal Authority action is issued; or, in the case of a request for a reconsideration, by filing a petition within 30 days after the date the decision is issued, in accordance of Section 63G-4-302;

(e) the names and mailing addresses of all persons to whom the decision is being given, and the name, title, and mailing address of any attorney or employee who was designated to appear for the Responsible Governmental Entity;

(f) the name, title, mailing address, and telephone number of the presiding Appeal Authority hearing officer.

(2) The distribution of the decision to all Parties, as well as to the Administrator, is accomplished when any of the following occurs:

(a) deposit postage prepaid with the U.S. Postal Service;

(b) deposit with State Mail and Distribution Services;

(c) personal delivery; or

(d) e-mail transmission.

(3) A mailing certificate must be attached to the decision, bearing the date of mailing and the names and addresses of those persons to whom the decision is originally distributed.

Notes

Utah Admin. Code R25-3-11

Adopted by Utah State Bulletin Number 2018-2, effective 12/22/2017