Utah Admin. Code R354-11-102 - Appeal to Utah Court of Appeals

(1)

(a) As provided in this rule:

(i) a person may appeal a dismissal of an appeal by the authority chair under Subsection R354-10-103(5)(b)(ii)(A);

(ii) a person who receives an adverse decision by a Procurement Appeals Panel may appeal that decision; and

(iii) subject to Subsection (2), the CRAU may appeal an adverse decision by a Procurement Appeals Panel;

(b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.

(2) The CRAU may not appeal the decision of a Procurement Appeals Panel, unless the appeal is:

(a) recommended by the Procurement Official involved; and

(b) the attorney general's office or outside counsel approved by the attorney general.

(3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.

(4) The Utah Court of Appeals:

(a) shall consider the appeal as an appellate court;

(b) may not hear the matter as a trial de novo; and

(c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.

(5) The Utah Court of Appeals is encouraged to:

(a) give an appeal made under this section priority; and

(b) consider the appeal and render a decision in an expeditious manner.

Notes

Utah Admin. Code R354-11-102

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021