Utah Admin. Code R765-134-4 - Applicability of and Findings of Board

(1) The Administrative Procedures Act, Section 63G-4-102, provides certain exemptions from the Act which affect higher education institutions. As a consequence of these statutory provisions, adjudicative proceedings relating to the evaluation, discipline, employment, transfer, reassignment, or promotion of students and faculty, to personnel matters for all employees, to contracts for the purchase and sale of goods and services by the institutions, or to actions required by federal statute or regulation to be conducted solely according to federal procedures are not governed by the Act.

(2) Subsection 53B-3-106(2) provides that state institutions of higher education are political subdivisions as these terms are used in Title 41, Chapter 6a, Traffic Code." The Act applies to an agency which as defined in Subsection 63G-4-103(1)(b) does not include any political subdivision of the state, or any administrative unit of a political subdivision of the state. Consequently, the institutions are exempt from the Act in matters involving campus traffic regulations not only where students and employees are involved but also where they impact persons other than students and employees. However, since some aspects of parking and parking lot management may not be covered by Title 41, Chapter 6a, Traffic Code, hearings relating to parking matters which involve persons other than students and employees may be subject to the Act.

(3)

(a) Adjudicative proceedings, undertaken by an institution, which affect the following matters are exempt from the Act:

(i) the evaluation, discipline, employment, transfer, reassignment, or promotion of students and faculty;

(ii) personnel matters for all employees;

(iii) campus traffic;

(iv) contracts for the purchase and sale of goods and services by the institution; or

(v) actions required by federal statute or regulation to be conducted solely according to federal procedures.

(b) For any adjudicative proceeding not identified in Subsection (3)(a) that is undertaken by an institution where the parties are students or employees, the proceedings shall be conducted informally according to the procedures set forth in Section R765-134-5.

(c) For any adjudicative proceeding not identified in Subsection (3)(a) that is taken by an institution where parties other than students or employees are involved are authorized to be handled informally according to Section R765-134-5. Such proceedings include:

(i) admissions;

(ii) residence for tuition purposes;

(iii) financial aid (including the eligibility for and collection of student loans);

(iv) campus parking;

(v) campus event participation;

(vi) former student matters; and

(vii) former employee matters.

(4) The Board makes the following findings:

(a) The use of informal procedures as provided in Subsection R765-134.4(3) does not violate any procedural requirement imposed by the Act.

(b) The rights of the parties to the proceedings will be reasonably protected by the informal procedures.

(c) The institutions' administrative efficiency will be enhanced by this categorization.

(d) The cost of formal adjudicative proceedings outweighs the potential benefits to the public of a formal adjudicative proceeding.

(5) If fairness is not compromised, an institution may substitute one presiding officer for another during any proceeding. A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.

(6) Each institution is authorized to adopt its own categorizations and procedures duly enacted under the authority of the Act. Significant variations from the Board's rules and procedures must be approved by the Board.

Notes

Utah Admin. Code R765-134-4

Amended by Utah State Bulletin Number 2021-15, effective 7/15/2021