Utah Admin. Code R305-7-215 - Interlocutory Orders
(1) Interlocutory
review (review by the Executive Director before a final recommendation made by
the ALJ) is not favored. Ordinarily, a party may challenge an order issued by
the ALJ only after the ALJ has made a final recommended decision.
(2) A party may file, in accordance with
R307-7-104, a motion for interlocutory review of a non-final ALJ order only if
a ruling that is alleged to be in error could not be corrected through a
challenge to the final recommended decision (e.g., a ruling denying privileged
status to records), or where early resolution of a material issue may
materially advance the termination of the proceeding.
(3) The Executive Director's determination to
consider a motion for an interlocutory review is discretionary.
Notes
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