Utah Admin. Code R25-3-4 - Administrator's Initial Review of Eligibility and Merit of the Request for Review

(1) Upon receipt of the Request for Review, the Administrator shall make an initial determination on the basis of Section 63A-3-110 and Section 63G-4-201 that the Appeal Authority has authority to review or decide the requested Appeal:

(a) Procedural Issues. The Administrator shall make an initial determination of the timeliness, jurisdiction, standing, and eligibility of the issues to be advanced.

(b) Determination. The Administrator has authority to determine which types of Appeals may be heard by the Appeal Authority. Those types of Appeals found to have been resolved by a preponderance of the evidence at the level of the Responsible Governmental Entity Head or those that do not qualify for advancement to the Appeal Authority are precluded from further consideration and review by the Appeal Authority.

(c) Preclusion. When an Appeal request is precluded from an Appeal Authority review, the matter under dispute shall be deemed as final at the level of the Responsible Governmental Entity Head.

(2) The Administrator shall notify within 30 days the requesting Party and the Responsible Governmental Entity Head in writing that the Request for Review is either granted or denied, constituting the final action by the Administrator. The decision letter must describe the factual findings and conclusions of the Administrator's review. The letter must state that any Party may file with the Administrator a written request for reconsideration within 30 days after the date the Administrator issues the decision, in accordance with Section 63G-4-302.

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

(3) The decision letter should include 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 is issued; or, in the case of a request for reconsideration, by filing a petition within 30 days after the date the decision is issued, in accordance of Section 63G-4-302.

Notes

Utah Admin. Code R25-3-4

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