Utah Admin. Code R861-1A-20 - Time of Appeal Pursuant to Utah Code Anns 63G-4-201 and 68-3-85
(1) Except as
provided in Subsection (2), a petition for adjudicative action must be received
in the commission offices no later than 30 days from the date of the action
that creates the right to appeal. The petition is deemed to be timely if:
(a) in the case of mailed or hand-delivered
documents:
(i) the petition is received in the
commission offices on or before the close of business of the last day of the
30-day period; or
(ii) the date of
the postmark on the envelope or cover indicates that the petition was mailed on
or before the last day of the 30-day period; or
(b) in the case of electronically-filed
documents, the petition is received no later than midnight of the last day of
the 30-day period.
(c) A petition
for adjudicative action that is mailed but not received in the commission
offices shall be considered timely filed if the sender complies with the
provisions of Subsections
68-3-8.5(2)(b) and (c).
(2) If a statute provides the period within
which an appeal may be filed, a petition for adjudicative action is deemed to
be timely if:
(a) in the case of mailed or
hand-delivered documents:
(i) the petition is
received in the commission offices on or before the close of business of the
last day of the time frame provided by statute; or
(ii) the date of the postmark on the envelope
or cover indicates that the request was mailed on or before the last day of the
time frame provided by statute; or
(b) in the case of electronically-filed
documents, the petition is received no later than midnight of the last day of
the time frame provided by statute.
(c) A petition for adjudicative action that
is mailed but not received in the commission offices shall be considered timely
filed if the sender complies with the provisions of Subsections
68-3-8.5(2)(b) and (c).
(3) Any party adversely affected by an order
of the commission may seek judicial review within the time frame provided by
statute. Copies of the appeal shall be served upon the commission and upon the
Office of the Attorney General.
Notes
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