Utah Code § 63A-5b-1221 — Utah Code / Title 63A / Chapter 63A-5b / § 63A-5b-1221
§ 63A-5b-1221. Appeals panel -- Composition -- Procedures.
Status: in_force

7/1/2026 (1) There is created an appeals panel to resolve disputes between an LEA and the division regarding decisions made under this part. (2) The appeals panel shall consist of three members: (a) the executive director of the Department of Government Operations, or the executive director's designee, who shall serve as the panel chair; (b) the school construction liaison designated under Section 63A-5b-1212; and (c) a third member with relevant expertise selected jointly by the members described in Subsections (2)(a) and (b). (3) The third panel member described in Subsection (2)(c): (a) shall be selected based on expertise relevant to the specific matter under appeal, which may include: (i) construction management; (ii) architectural or engineering services; (iii) building code compliance; (iv) cost estimation and project budgeting; (v) procurement and contracting; or (vi) educational facility planning; (b) may not be an employee of the LEA filing the appeal or of the division; (c) may not have a financial interest in the outcome of the appeal; and (d) shall be selected within 10 business days of the appeal being filed. (4) An LEA may appeal the following division decisions to the appeals panel: (a) denial or conditional approval of construction permits under Section 63A-5b-1218; (b) denial of alternative delivery method requests under Section 63A-5b-1203; (c) cost matrix determinations under Subsection 63A-5b-1205(6); (d) architect and design professional fee determinations under Section 63A-5b-1204; (e) enforcement actions and penalties under Section 63A-5b-1215; (f) requirements for division-managed construction services under Subsection 63A-5b-1213(3); (g) contractor registry determinations under Section 63A-5b-1216; (h) denial of standardized design prototype modifications under Subsection 63A-5b-1204(7); (i) plan review determinations under Section 63A-5b-1205; (j) inspection and occupancy certificate determinations under Section 63A-5b-1208; and (k) any other division decision that substantively affects an LEA's ability to complete a construction project in compliance with this part. (5) To file an appeal, an LEA shall: (a) submit a written notice of appeal to the division and the executive director of the Department of Government Operations within 30 days of receiving the division's written decision; and (b) include in the notice: (i) a description of the division's decision being appealed; (ii) the specific grounds for the appeal; (iii) all relevant documentation supporting the LEA's position; (iv) the relief requested; and (v) whether the LEA requests an expedited review due to project timeline constraints. (6) Upon receiving a notice of appeal: (a) the division shall provide the division's written response within 15 business days, including: (i) the basis for the challenged decision; (ii) all documentation supporting the division's position; and (iii) any proposed resolution; (b) the appeals panel shall convene within 30 days of receiving the division's response, or within 15 days if expedited review is requested and granted; (c) the panel shall provide both parties opportunity to present evidence and argument; and (d) the panel may request additional information from either party or from independent experts. (7) The appeals panel shall: (a) conduct proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to the extent applicable; (b) issue a written decision within: (i) 45 days of the initial appeal filing for standard reviews; or (ii) 20 days of the initial appeal filing for expedited reviews; (c) include in the written decision: (i) findings of fact; (ii) conclusions regarding compliance with applicable statutes and rules; (iii) the rationale for the decision; and (iv) any conditions or requirements for implementation; (d) provide the decision to the LEA, the division, and the state board; and (e) publish anonymized summaries of decisions to provide guidance for future cases. (8) The appeals panel may: (a) affirm the division's decision; (b) reverse the division's decision and direct specific action; (c) modify the division's decision with conditions; (d) remand the matter to the division for further consideration with specific direction; or (e) extend timelines for good cause shown by either party. (9) The appeals panel's decision: (a) is final and binding on both the LEA and the division; (b) may only be challenged through judicial review under Section 63G-4-401; and (c) does not prevent either party from seeking emergency relief through the courts if immediate and irreparable harm would result from delay. (10) During the pendency of an appeal: (a) the division may not take additional enforcement action related to the subject of the appeal unless necessary to address imminent safety concerns; (b) construction timelines and permit expiration dates shall be tolled; (c) the LEA may proceed with construction if the division grants a stay pending appeal; and (d) the panel may issue interim orders to preserve the status quo or prevent irreparable harm. (11) For appeals involving highly technical or specialized issues: (a) the panel may retain independent experts to provide technical analysis; (b) costs of expert review shall be shared equally by the LEA and the division unless the panel determines otherwise based on the outcome; and (c) expert reports shall be provided to both parties for review and response before the panel issues the panel's decision.