Utah Admin. Code R649-10-5 - Appeal of Final Order of the Division
1. A request for review of a final order
issued by the division shall be filed with the secretary to the Board within 30
days of issuance of the order and:
1.1. Be
signed by the party seeking review.
1.2. State the grounds for review and the
relief requested.
1.3. State the
date it was mailed.
1.4. Be sent by
mail to the presiding officer and to each party.
2. Within 15 days of the mailing date of
request for review, or within the time period provided by agency rule,
whichever is longer, any party may file a response with the board. One copy of
the response shall be sent by mail to each of the parties and to the presiding
officer.
3. The board shall review
the final order of the division within a reasonable time or within the time
required by statute or the agency's rules.
4. To assist in review, the board may by
order or rule permit the parties to file briefs or other papers, or to conduct
oral argument.
5. Notice of
hearings on review shall be mailed to each party.
6.1. Within a reasonable time after the
filing of any response, other filings, or oral argument, or within the time
required by statute or applicable rules, the board shall issue a written order
on review.
6.2. The written order
on review shall be signed by the board chairman or by a person designated by
the board for that purpose and shall be mailed to each party.
6.3. The written order on review shall
contain:
6.3.1. A designation of the statute
or rule permitting or requiring review.
6.3.2. A statement of the issues
reviewed.
6.3.3. Findings of fact
as to each of the issues reviewed.
6.3.4. Conclusions of law as to each of the
issues reviewed.
6.3.5. The reasons
for the disposition.
6.3.6. Whether
the decision of the presiding officer or agency is to be affirmed, reversed, or
modified, and whether any portion of the adjudicative proceeding is to be
remanded.
6.3.7. A notice of any
right of further administrative reconsideration or judicial review available to
aggrieved parties.
6.3.8. The time
limits applicable to any appeal or
review.
Notes
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