Utah Admin. Code R907-1-15 - Formal Process and Hearing: Reconsideration and Modification of Existing Orders

(1) Time for Filing. Within 20 days after the Presiding Officer issues the Final Order in a formal adjudicative process, any party may file a written request for reconsideration or rehearing, stating the specific grounds upon which the party requests relief.

(2) Not Prerequisite for Judicial Review. Unless otherwise provided by law, the filing of the request for reconsideration is not a prerequisite for seeking judicial review of the Final Order.

(3) Mailing Requirement. A party seeking reconsideration must file a Petition for Reconsideration with the Presiding Officer. The person making the request must deliver one copy of the Petition to each.

(4) Contents of Petition. A Petition for Reconsideration must set forth specifically the particulars in which the Petitioner claims the order or decision is unlawful, unreasonable, or unfair. If the Petitioner bases a Petition on a claim that the Presiding Officer failed to consider specific evidence, it must include an abstract of that evidence. If the Petitioner bases the Petition upon newly discovered evidence, the Petitioner must include with the Petition an affidavit setting forth the nature and extent of such evidence, its relevancy to the issues involved, and a statement that the party could not, with reasonable diligence, have discovered the evidence before the hearing.

(5) Response to Petition. Other parties to the proceeding may file a response to the Petition with the Presiding Officer no later than ten days from the Petition's filing date. Parties filing such a response must deliver a copy of their response to the Petitioner on the date they file their response.

(6) Action on the Petition. The Presiding Officer is authorized to act upon the Petition for reconsideration. If the Presiding Officer does not issue an order within 20 days after the Petition filing, the Petitioner must consider the request for reconsideration denied. The Presiding Officer may, by written order, set a time for hearing on said Petition or deny the Petition.

(7) Modification of Existing Orders. A request for modification or amendment of an existing order of the Presiding Officer will be treated as a new Request for Agency Action under this rule. Such a request for modification or amendment must include the parties to the previous adjudicative proceeding and their successors in interest as directly affected persons.

Notes

Utah Admin. Code R907-1-15

Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022