Utah Admin. Code R914-4-5 - Request for Reconsideration

(1) Within 20 days after the date a presiding officer issues a decision regarding any appeal, an individual or entity may file a written request for reconsideration with the division.

(2)

(a) A written request for reconsideration must state the specific reasons reconsideration is being requested.

(b) A determination under this rule by the presiding officer regarding an issue of fact may not be overturned on a request for reconsideration unless the presiding officer's decision is clearly arbitrary, capricious, or erroneous.

(3) Filing a request for reconsideration is not a prerequisite for seeking judicial appeal of a presiding officer's order.

(4) A request for reconsideration must be filed with the division following the procedure set forth in Section R914-4-3.

(5)

(a) The director or the director's designee will issue a written order granting or denying the request for reconsideration.

(b) If the director or the director's designee does not issue an order within 20 days after the filing of the request for reconsideration, the request for reconsideration will be considered to be denied.

(c) If a request for reconsideration is denied as provided in Subsection (5)(a) or (b), the individual's or entity's administrative remedies will be considered exhausted.

(d) If the request for reconsideration is granted, the director or the director's designee shall conduct the proceedings in accordance with the procedures described in Section R914-4-4.

Notes

Utah Admin. Code R914-4-5

Adopted by Utah State Bulletin Number 2019-16, effective 7/23/2019 Amended by Utah State Bulletin Number 2024-21, effective 10/22/2024