Utah Admin. Code R920-4-15 - Appeal

(1) An applicant may appeal the following determinations of a region permit officer:

(a) a denial of a special event permit;

(b) a denial of a deviation request as described in Subsection R920-4-5(3)(b);

(c) a determination that a proposed special road use is not a free speech road use or short notice free speech road use; and

(d) a time, place, or manner restriction placed on a special road use by a region permit officer that the applicant believes is unreasonable or illegal.

(2) The following process shall be used for an appeal:

(a) an applicant may appeal a determination described in Subsection R920-4-15(1) to the department's director of program development;

(b) an appeal to the department's director of program development shall be in writing and shall include:

(i) a statement of the basis for the objection;

(ii) supporting documents to be used in the appeal; and

(iii) a copy of the written decision issued by the region permit officer.

(c) The department's director of program development shall decide on an appeal, based on the written submissions of the applicant, and the department's file.

(d) The department's director of program development shall concur with, modify, or overrule the decision of the region permit officer. The decision shall be in writing and shall explain the reasons for the decision.

(3) Appeals shall be resolved within the following timelines:

(a) for appeals brought under Subsection R920-4-15(1)(c) or (d), the department's director of program development shall issue a decision as soon as reasonably practicable, but no later than three business days after receiving the written appeal; or

(b) for all other appeals, the department's director of program development shall issue a decision no later than 14 days before the planned date of the special road use, or within 30 days after receiving the appeal, whichever is later.

Notes

Utah Admin. Code R920-4-15

Adopted by Utah State Bulletin Number 2016-3, effective 1/7/2016 Amended by Utah State Bulletin Number 2023-23, effective 11/21/2023