Utah Admin. Code R277-471-11 - Appeals Procedure for Nonrefundable Fines
(1) The Board designates the procedure
outlined in this Section
R277-471-11 as an informal
adjudicative proceeding, under Section
63G-4-203.
(2) An LEA board may appeal a fine assessed
under this rule consistent with the following:
(a) An LEA may not appeal a fine until a
final administrative decision has been made to assess the fine by the
Board.
(b) A district
superintendent on behalf of a local school board or a local charter board chair
on behalf of a local charter school board may appeal an assessed fine by filing
an appeal on a form, and in the manner prescribed by the
Superintendent.
(c) An LEA must
file the appeal within ten business days of final Board action.
(d) An LEA shall provide, as stated on the
form, an explanation of unanticipated or compelling circumstances that resulted
in the local board's or charter school's failure to report new construction or
remodeling projects as required.
(e) The school district superintendent or
local charter board chair shall provide a notarized statement that the
information and explanation of circumstances are true and factual
statements.
(3) At least
three members of the Finance Committee appointed by the Board shall act as a
review committee to review the written appeal.
(a) The appeal committee may request
additional information from the LEA board.
(b) The appeal committee may ask the district
superintendent or local school district or charter school board chair or LEA
business staff to appear personally and provide information.
(c) The appeal committee shall presume the
fine appropriate and legitimate.
(d) The appeal committee shall make a written
recommendation within ten business days of receipt of the appeal
request.
(e) The full Finance
Committee of the Board shall review the recommendation.
(f) The Finance Committee shall make a formal
recommendation to the Board to accept, modify, or reject the appeal explanation
and fine.
(4) The Board,
in a regular monthly meeting, may accept or reject the Finance Committee's
final recommendation to affirm the fine, modify the fine, or grant the
appeal.
(5) Consistent with the
Board's general control and supervision of the Utah public school system and
given the significant public policy concern for safe schools and cost-effective
public school building projects, a local board of education or a local charter
board has no further administrative appeal opportunity.
Notes
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