Utah Admin. Code R590-160-8 - Agency Review
(1)
(a) Agency review of an adjudicative
proceeding, except an informal adjudicative proceeding that becomes final
without a request for a hearing under Subsection
R590-160-7(1),
is available to a party to a proceeding by filing a request for agency review
with the commissioner within 30 days of the date of the order.
(b) Failure to seek agency review is a
failure to exhaust administrative remedies.
(2) Agency review shall comply with Section
63G-4-301.
(3)
(a) The
commissioner or the commissioner's designee shall conduct the review.
(b) A designee may not be the presiding
officer who issued the decision under review.
(c) If a designee conducts a review, the
designee shall recommend a disposition to the commissioner.
(d) The commissioner will make the final
decision and sign the order.
(4) Content of a request for agency review.
(a) A request for agency review shall comply
with Subsection
63G-4-301(1)(b),
and shall include the following:
(i) a copy
of the order that is the subject of the request;
(ii) the factual basis for the request,
including:
(A) citation to the record of the
formal adjudicative proceeding; and
(B) clear reference to evidence or a proffer
of evidence in an informal adjudicative proceeding;
(iii) the legal basis for the request,
including citation to supporting authority;
(iv) for a challenge to a finding of fact in
a formal adjudicative proceeding, the reason that the finding is not supported
by substantial evidence based on the entire record; and
(v) for a challenge to a finding of fact in
an informal adjudicative proceeding, the reason that the finding is not
supported by substantial evidence based on the evidence received or
proffered.
(b) A party
challenging a finding of fact in a formal adjudicative proceeding shall:
(i) order a transcript of the recording
relevant to the finding;
(ii)
certify that a transcript is ordered;
(iii) file the transcript with the
commissioner or the commissioner's designee;
(iv) serve a copy of the transcript on each
party; and
(v) pay the cost of
preparing the transcript.
(c) The commissioner or commissioner's
designee may waive the transcript requirement on motion for good cause
shown.
(5) Memoranda.
(a)
(i) A
party requesting agency review shall submit a supporting memorandum with the
request.
(ii) If a transcript is
necessary to conduct agency review, a supporting memorandum shall be filed no
later than 15 days after the service of the transcript on the opposing
party.
(b) An opposing
memorandum shall be filed no later than 15 days after the supporting memorandum
is filed.
(c) A reply memorandum
shall be filed no later than five days after the opposing memorandum is
filed.
(d) The commissioner or the
commissioner's designee may order a party to submit additional memoranda to
assist in conducting agency review.
(6) Request for a stay.
(a) On motion by a party and for good cause,
the commissioner or commissioner's designee may stay the presiding officer's
order during the pendency of agency review.
(b) A motion for a stay shall be made in
writing and may be made at any time during the pendency of agency
review.
(c) An opposition to a
motion for a stay shall be made in writing within ten days from the date the
motion is filed.
(7)
(a) A party may request oral argument in the
party's initial pleading.
(b) The
commissioner or the commissioner's designee may grant oral argument if
requested in a party's initial pleading.
(8) Failure to comply with Section R590-160-8
may result in the commissioner or the commissioner's designee dismissing the
request for agency review.
Notes
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