Utah Admin. Code R982-111-300 - Right to Appeal a Denial of Certification
(1) An applicant may appeal a denial of
certification under Section
R982-111-201 by delivering a
written appeal to the division.
(2)
An applicant's appeal under Subsection (1) shall:
(a) be signed by the applicant unless:
(i) it can be shown the applicant has
conveyed, in writing, the authority to another person; or
(ii) the applicant is physically or mentally
incapable of acting on the applicant's own behalf; and
(b) contain the following information:
(i) the name, email address, and mailing
address of the applicant;
(ii) the
applicant's social security number or other relevant identification number;
and
(iii) if applicable, the
mailing address, facsimile number, or email address of the applicant's
representative.
(3) If an applicant provides the correct
UtahID username and password when filing the appeal through the department's
website, the division shall consider that appeal a signed appeal.
(4) An applicant may include in the appeal a
statement of the reason for the appeal and any information supporting the
appeal.
(5)
(a) An applicant may:
(i) pursue an appeal without the assistance
of legal counsel or other representation; or
(ii) be represented by legal counsel or
another representative at every stage of adjudication.
(b) An applicant's failure to obtain legal
representation may not be grounds for reconsideration of an order of an
ALJ.
(6) An attorney
licensed in a jurisdiction outside Utah may represent an applicant without
being admitted pro hac vice in Utah.
(7) If an applicant has a representative, the
division shall deliver documents to the representative as directed by the
applicant or representative.
(8)
The division may not reject an appeal because of nonconformance in form or
content but may require an amended or substitute appeal meeting the
requirements of this section. An applicant must file an amended or substitute
appeal within 15 days after notice of the defect from the division.
(9) Upon receipt of an appeal, the division
shall schedule a hearing before an ALJ and send notice of the hearing as
provided in Section R982-111-305.
Notes
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