Utah Admin. Code R277-102-1 - Authority and Purpose

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests the general control and supervision of public education in the Board,

(b) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its duties and responsibilities under the Utah Constitution and state law; and

(c) Subsection 63G-4-102(6) which allows agencies to make rules regarding adjudicative proceedings in matters subject to UAPA.

(2) The purpose of this rule is:

(a) to specify how to conduct adjudicative proceedings in matters subject to UAPA;

(b) to provide for review of Board actions where no opportunity for administrative review is provided by law and where there is a compelling reason for administrative review to fully and fairly facilitate the Board's decision making process; and

(c) to identify procedures the Board may apply when administrative review of a Board action is provided for by a law other than UAPA and the applicable law fails to identify procedures to be followed for the administrative review.

(3) This rule does not apply to actions for which separate adjudicative procedures are specifically provided for in statute, rule, or negotiated agreement.

(4) Nothing in this rule creates an independent basis for or requirement that the Board review a final Board action.

Notes

Utah Admin. Code R277-102-1

Repealed by Utah State Bulletin Number 2019-12, effective 5/23/2019 Adopted by Utah State Bulletin Number 2021-08, effective 4/8/2021