Utah Admin. Code R765-607-9 - Appeals Process

(1)

(a) Each applicant has the right to appeal an adverse decision.

(b) Upon request by the applicant, the scholarship staff shall provide an opportunity for the applicant to appeal an adverse decision to a committee of at least three impartial persons.

(c) Each appeal request must be submitted in writing within 30 days of the application notice.

(2) An appeal filed before the applicant receives official notification from scholarship staff of its decision may not be considered.

(3)

(a) If an applicant fails to file their appeal on time, scholarship staff shall notify the applicant of the late filing and give the applicant an opportunity to provide a written explanation of the reasons for failing to file the appeal by the deadline.

(b) An appeal committee may not have jurisdiction to consider the merits of an appeal that is filed beyond the deadline unless it determines the applicant established excusable neglect.

(4) The appeal committee shall review the appeal to determine if the award decision was made in error or if the applicant demonstrated substantial compliance with the scholarship application requirements but failed to meet one or more requirements for good cause.

(5)

(a) Scholarship staff and the appeal committee do not have the authority to consider, adjust, or award a TRANSFORM certificate.

(b) A request for consideration for TRANSFORM certificate eligibility should be submitted by applicant through USBE.

(6) The appeal committee decision represents the final agency action. An applicant who disagrees with the decision may seek judicial review in accordance with Section 63G-4-402.

Notes

Utah Admin. Code R765-607-9

Adopted by Utah State Bulletin Number 2023-22, effective 10/30/2023