Utah Admin. Code R277-102-4 - Adjudicative Proceedings Not Subject to UAPA
(1) A person seeking review of a Board action
not covered by UAPA shall submit a written request for review of agency action
to the secretary of the Board in the same manner provided in Subsections
R277-102-3(3).
(2) The agency head shall review the request
for agency action in a timely manner and notify the requesting in party in
writing:
(a) if the request is insufficient or
untimely, that the request for review is denied; or
(b) if the request is sufficient and timely,
that the Board will review the matter and which method the Board will employ to
conduct the review and make a final determination.
(3)
(a) If a
hearing is not expressly required by law, the Board may review a request for
agency action under this Section
R277-102-4 through a documentary
review, including consideration of written information submitted by each of the
parties.
(b) If the Board conducts
a documentary review:
(i) the agency head will
establish deadlines for document submission; and
(ii) the full Board will consider all
documents submitted and issue a final administrative determination in writing
in a timely manner.
(4) If a hearing is expressly provided for by
law or the agency head determines the matter will best be determined by means
of a hearing, the agency head shall provide for an informal adjudicative
proceeding as outlined in Section
R277-102-3, except that
provisions for reconsideration do not apply under this Section
R277-102-4.
(5) In a request under this Section
R277-102-4, a party may be found
in default by the Board consistent with deadlines set by the agency head or the
presiding officer.
Notes
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