Utah Admin. Code R990-300-8 - Procedure for Filing an Appeal to the Board
(1) A reporting entity must request an appeal
of the division's determination of noncompliance within ten calendar days after
the day on which the notice of noncompliance is sent.
(2) An appeal of a notice of noncompliance
must be in writing and include:
(a) the name
of the reporting entity filing the appeal and signature of its representative;
and
(b) the grounds for
appeal.
(3) In computing
the period allowed for filing a timely appeal, the date as it appears on the
notice of noncompliance is not included. The last calendar day of the appeal
period is included in the computation, but if the last day is a Saturday,
Sunday, or legal holiday, the period continues to run until the next business
day that is not a Saturday, Sunday, or legal holiday.
(a) An appeal may be filed by email,
facsimile, or physical delivery, including U.S. Mail, courier service, and
hand-delivery.
(i) If an appeal is filed by
email or facsimile, the date of filing is the date recorded on the email or
facsimile.
(ii) If an appeal is
filed by physical delivery, the date of filing is the date the appeal is
received by the division.
(b) If an appeal is filed by physical
delivery, the filing entity is solely responsible for meeting the deadline. Any
delay caused by a delivery service or other physical means will not be
considered an acceptable reason for a late filing.
(4) Upon receiving a request for an appeal of
a notice of noncompliance, the division will coordinate with the organizations
identified in Sections
10-9a-408 and
17-27a-408 to designate appeal
board representatives and facilitate the appeal board's review of the
appeal.
(5)
(a) A reporting entity requesting an appeal
may submit additional supporting materials and written arguments to the appeal
board no later than 15 calendar days after the date of the request for an
appeal.
(i) Supporting materials and written
arguments received by the division will be forwarded to the appeal
board.
(ii) Supporting materials
and written arguments received more than 15 calendar days after the date of the
request for an appeal will not be considered or forwarded to the appeal
board.
(b) The appeal
board will consider only materials that fall within the 12-month reporting
period or that demonstrate whether the reporting entity meets the requirements
for an ongoing strategy as described in Sections
10-9a-408 and
17-27a-408.
(6)
(a) A
reporting entity may withdraw a request for appeal by submitting a written
request no later than seven days before the date of the first scheduled meeting
of the appeal board appointed to consider the appeal.
(b) If the request for appeal is withdrawn,
the reporting entity must cure any noncompliance within the initial 90-day cure
period.
Notes
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