reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 3 - Rulemaking Procedures › Section 302 - Public hearings.

63G-3-302.
Public hearings.
(1) Each agency may hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule during the public comment period.
(2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if:
(a) a public hearing is required by state or federal mandate;
(b)
(i) another state agency, 10 interested persons, or an interested association having not fewer than 10 members request a public hearing; and
(ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule.
(3) The agency shall hold the hearing:
(a) before the rule becomes effective; and
(b) no less than seven days nor more than 30 days after receipt of the request for hearing.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 3 - Rulemaking Procedures › Section 303 - Changes in rules.

Effective 5/10/2016
63G-3-303.
Changes in rules.
(1)
(a) To change a proposed rule already published in the bulletin, an agency shall file with the office:
(i) the text of the changed rule; and
(ii) a rule analysis containing a description of the change and the information required by Section 63G-3-301.
(b) A change to a proposed rule may not be filed more than 120 days after publication of the rule being changed.
(c) The office shall publish the rule analysis for the changed rule in the bulletin.
(d) The changed proposed rule and its associated proposed rule will become effective on a date specified by the agency, not less than 30 days or more than 120 days after publication of the last change in proposed rule.
(e) A changed proposed rule and its associated proposed rule lapse if a notice of effective date or another change to a proposed rule is not filed with the office within 120 days of publication of the last change in proposed rule.
(2) If the rule change is nonsubstantive:
(a) the agency need not comply with the requirements of Subsection (1); and
(b) the agency shall notify the office of the change in writing.
(3) If the rule is effective, the agency shall amend the rule according to the procedures specified in Section 63G-3-301.
Amended by Chapter 193, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 3 - Rulemaking Procedures › Section 304 - Emergency rulemaking procedure.

Effective 5/4/2022
63G-3-304.
Emergency rulemaking procedure.
(1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would:
(a) cause an imminent peril to the public health, safety, or welfare;
(b) cause an imminent budget reduction because of budget restraints or federal requirements; or
(c) place the agency in violation of federal or state law.
(2)
(a) When finding that its rule is excepted from regular rulemaking procedures by this section, the agency shall file with the office and the members of the Administrative Rules Review and General Oversight Committee:
(i) the text of the rule; and
(ii) a rule analysis that includes the specific reasons and justifications for its findings.
(b) The office shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4).
(c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10).
(d) Subject to Subsection 63G-3-502(4), the rule becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the rule.
(3) If the agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301.
Amended by Chapter 443, 2022 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 4 - Office of Administrative Rules › Section 401 - Office of Administrative Rules created -- Director.

Effective 7/1/2021
63G-3-401.
Office of Administrative Rules created -- Director.
(1) There is created within the Department of Government Operations the Office of Administrative Rules, to be administered by a director.
(2)
(a) The executive director shall appoint the director.
(b) The director shall hire, train, and supervise staff necessary for the office to carry out the provisions of this chapter.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 6 - Judicial Review › Section 601 - Interested parties -- Petition for agency action.

Effective 5/12/2020
63G-3-601.
Interested parties -- Petition for agency action.
(1) As used in this section, "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection 63G-3-301(4), of an agency's proposed rule to implement a petition for the making, amendment, or repeal of a rule as provided in this section.
(2) An interested person may petition an agency to request the making, amendment, or repeal of a rule.
(3) The office shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition.
(4) A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and appropriate to the powers of the agency.
(5) Within 60 days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings.
(6)
(a) If the petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on its agenda for review.
(b) Within 80 days of the submission of the petition, the board shall either:
(i) deny the petition in writing stating its reasons for denial; or
(ii) initiate rulemaking proceedings.
(7) If the agency or board has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings within the time limitations specified in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district court.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 6 - Judicial Review › Section 603 - Time for contesting a rule -- Statute of limitations.

63G-3-603.
Time for contesting a rule -- Statute of limitations.
(1) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this chapter shall commence within two years of the effective date of the rule.
(2) A proceeding to contest any rule on the ground of not being supported by substantial evidence when viewed in light of the whole administrative record shall commence within four years of the effective date of the challenged action.
(3) A proceeding to contest any rule on the basis that a change to the rule made under Subsection 63G-3-402(2) or (3) substantively changed the rule shall be commenced within two years of the date the change was made.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 7 - Official Compilation of Administrative Rules › Section 701 - Utah Administrative Code as official compilation of rules -- Judicial notice.

63G-3-701.
Utah Administrative Code as official compilation of rules -- Judicial notice.
The code shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the administrative law of the state of Utah and as an authorized compilation of the administrative law of Utah. All courts shall take judicial notice of the code and its provisions.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 3 - Utah Administrative Rulemaking Act › Part 7 - Official Compilation of Administrative Rules › Section 702 - Utah Administrative Code -- Organization -- Official compilation.

Effective 5/10/2016
63G-3-702.
Utah Administrative Code -- Organization -- Official compilation.
(1) The Utah Administrative Code shall be divided into three parts:
(a) titles, whose number shall begin with "R";
(b) rules; and
(c) sections.
(2) All sections contained in the code are referenced by a three-part number indicating its location in the code.
(3) The office shall maintain the official compilation of the code and is the state-designated repository for administrative rules. If a dispute arises in which there is more than one version of a rule, the latest effective version on file with the office is considered the correct, current version.
Amended by Chapter 193, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 1 - General Provisions › Section 103 - Definitions.

63G-4-103.
Definitions.
(1) As used in this chapter:
(a) "Adjudicative proceeding" means an agency action or proceeding described in Section 63G-4-102.
(b) "Agency" means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state.
(c) "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute.
(d) "Declaratory proceeding" means a proceeding authorized and governed by Section 63G-4-503.
(e) "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute.
(f) "Party" means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding.
(g) "Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency.
(h)
(i) "Presiding officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding.
(ii) If fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.
(iii) A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.
(i) "Respondent" means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person.
(j) "Superior agency" means an agency required or authorized by law to review the orders of another agency.
(2) This section does not prohibit an agency from designating by rule the names or titles of the agency head or the presiding officers with responsibility for adjudicative proceedings before the agency.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 1 - General Provisions › Section 104 - Bases for certain recommendations and decisions limited.

63G-4-104.
Bases for certain recommendations and decisions limited.
(1) Except as provided in Subsection (2), no agency may recommend or rule on the custody, placement, including foster placement, or other disposition alternative for a minor, or the termination of parental rights, based on the fact that a parent or guardian of the minor lawfully does one or more of the following:
(a) legally possesses or uses a firearm or other weapon;
(b) espouses particular religious beliefs; or
(c) schools the minor or other minors outside the public education system or is otherwise sympathetic to schooling a minor outside the public education system.
(2) Subsection (1) does not prohibit a recommendation or ruling based on the compatibility of a minor with a particular custody, placement, or other disposition alternative as determined by the presence of any of the factors in Subsections (1)(a) through (1)(c).
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 1 - General Provisions › Section 105 - Transition procedures.

63G-4-105.
Transition procedures.
(1) The procedures for agency action, agency review, and judicial review contained in this chapter are applicable to all agency adjudicative proceedings commenced by or before an agency on or after January 1, 1988.
(2) Statutes and rules governing agency action, agency review, and judicial review that are in effect on December 31, 1987, govern all agency adjudicative proceedings commenced by or before an agency on or before December 31, 1987, even if those proceedings are still pending before an agency or a court on January 1, 1988.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 1 - General Provisions › Section 106 - Access to information on state-controlled websites.

Effective 5/10/2016
63G-4-106.
Access to information on state-controlled websites.
(1) As used in this section and Sections 63G-4-107 and 63G-4-108:
(a) "Administrative disciplinary action" means, subject to the limitations described in Section 63G-4-102, state agency action against the interest of an individual that affects a legal right, duty, privilege, immunity, or other legal interest of an individual, including agency action to deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license.
(b) "Record of administrative disciplinary action" means a notice, request, complaint, report, order, or other information related to an administrative disciplinary action.
(c) "State-controlled website" means a website:
(i) operated by:
(A) an agency; or
(B) a third party pursuant to a contract with an agency under which the agency controls the data available to the public; and
(ii) that includes personally identifiable information.
(2) Unless otherwise required by federal law, if an agency maintains, on a state-controlled website available to the public, a record of administrative disciplinary action, the agency shall remove the record of administrative disciplinary action from public access on the state-controlled website by no later than 10 years from the date:
(a) a final order related to the administrative disciplinary action was issued; or
(b) the administrative disciplinary action was commenced, if no final order was issued related to the administrative disciplinary action.
(3) Notwithstanding Subsection (2):
(a) a record of administrative disciplinary action issued in accordance with this chapter shall maintain its record classification pursuant to Subsection 63G-2-301(2)(c) or (3)(t); and
(b) a person may make a request for the record of administrative disciplinary action in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
Enacted by Chapter 312, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 1 - General Provisions › Section 107 - Petition to remove agency action from public access.

Effective 7/1/2021
63G-4-107.
Petition to remove agency action from public access.
(1) An individual may petition the agency that maintains, on a state-controlled website available to the public, a record of administrative disciplinary action, to remove the record of administrative disciplinary action from public access on the state-controlled website, if:
(a)
(i) five years have passed since:
(A) the date the final order was issued; or
(B) if no final order was issued, the date the administrative disciplinary action was commenced; or
(ii) the individual has obtained a criminal expungement order under Title 77, Chapter 40a, Expungement, for the individual's criminal records related to the same incident or conviction upon which the administrative disciplinary action was based;
(b) the individual has successfully completed all action required by the agency relating to the administrative disciplinary action within the time frame set forth in the final order, or if no time frame is specified in the final order, within the time frame set forth in Title 63G, Chapter 4, Administrative Procedures Act;
(c) from the time that the original administrative disciplinary action was filed, the individual has not violated the same statutory provisions or administrative rules related to those statutory provisions that resulted in the original administrative disciplinary action; and
(d) the individual pays an application fee determined by the agency in accordance with Section 63J-1-504.
(2) The individual petitioning the agency under Subsection (1) shall provide the agency with a written request containing the following information:
(a) the petitioner's full name, address, telephone number, and date of birth;
(b) the information the petitioner seeks to remove from public access; and
(c) an affidavit certifying that the petitioner is in compliance with the provisions of Subsection (1).
(3) Within 30 days of receiving the documents and information described in Subsection (2):
(a) the agency shall review the petition and all documents submitted with the petition to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
(b) if the agency determines that the petitioner has met the requirements of Subsections (1) and (2), the agency shall immediately remove the record of administrative disciplinary action from public access on the state-controlled website.
(4) Notwithstanding the provisions of Subsection (3), an agency is not required to remove a recording, written minutes, or other electronic information from the Utah Public Notice Website, created under Section 63A-16-601, if the recording, written minutes, or other electronic information is required to be available to the public on the Utah Public Notice Website under the provisions of Title 52, Chapter 4, Open and Public Meetings Act.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 1 - General Provisions › Section 108 - Impact on duty to disclose an administrative action.

Effective 5/10/2016
63G-4-108.
Impact on duty to disclose an administrative action.
The removal of a record of an administrative disciplinary action from a state-controlled website in accordance with Section 63G-4-106 or 63G-4-107 does not affect any separate legal duty or requirement that the subject of the administrative disciplinary action may have to disclose the action.
Enacted by Chapter 312, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 202 - Designation of adjudicative proceedings as informal -- Standards -- Undesignated proceedings formal.

63G-4-202.
Designation of adjudicative proceedings as informal -- Standards -- Undesignated proceedings formal.
(1) The agency may, by rule, designate categories of adjudicative proceedings to be conducted informally according to the procedures set forth in rules enacted under the authority of this chapter if:
(a) the use of the informal procedures does not violate any procedural requirement imposed by a statute other than this chapter;
(b) in the view of the agency, the rights of the parties to the proceedings will be reasonably protected by the informal procedures;
(c) in the view of the agency, the agency's administrative efficiency will be enhanced by categorizations; and
(d) the cost of formal adjudicative proceedings outweighs the potential benefits to the public of a formal adjudicative proceeding.
(2) Subject to the provisions of Subsection (3), all agency adjudicative proceedings not specifically designated as informal proceedings by the agency's rules shall be conducted formally in accordance with the requirements of this chapter.
(3) Any time before a final order is issued in any adjudicative proceeding, the presiding officer may convert a formal adjudicative proceeding to an informal adjudicative proceeding, or an informal adjudicative proceeding to a formal adjudicative proceeding if:
(a) conversion of the proceeding is in the public interest; and
(b) conversion of the proceeding does not unfairly prejudice the rights of any party.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 203 - Procedures for informal adjudicative proceedings.

63G-4-203.
Procedures for informal adjudicative proceedings.
(1) If an agency enacts rules designating one or more categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe procedures for informal adjudicative proceedings that include the following:
(a) Unless the agency by rule provides for and requires a response, no answer or other pleading responsive to the allegations contained in the notice of agency action or the request for agency action need be filed.
(b) The agency shall hold a hearing if a hearing is required by statute or rule, or if a hearing is permitted by rule and is requested by a party within the time prescribed by rule.
(c) In any hearing, the parties named in the notice of agency action or in the request for agency action shall be permitted to testify, present evidence, and comment on the issues.
(d) Hearings will be held only after timely notice to all parties.
(e) Discovery is prohibited, but the agency may issue subpoenas or other orders to compel production of necessary evidence.
(f) All parties shall have access to information contained in the agency's files and to all materials and information gathered in any investigation, to the extent permitted by law.
(g) Intervention is prohibited, except that the agency may enact rules permitting intervention where a federal statute or rule requires that a state permit intervention.
(h) All hearings shall be open to all parties.
(i) Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed order in writing that states the following:
(i) the decision;
(ii) the reasons for the decision;
(iii) a notice of any right of administrative or judicial review available to the parties; and
(iv) the time limits for filing an appeal or requesting a review.
(j) The presiding officer's order shall be based on the facts appearing in the agency's files and on the facts presented in evidence at any hearings.
(k) A copy of the presiding officer's order shall be promptly mailed to each of the parties.
(2)
(a) The agency may record any hearing.
(b) Any party, at the party's own expense, may have a reporter approved by the agency prepare a transcript from the agency's record of the hearing.
(3) Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 204 - Procedures for formal adjudicative proceedings -- Responsive pleadings.

63G-4-204.
Procedures for formal adjudicative proceedings -- Responsive pleadings.
(1) In all formal adjudicative proceedings, unless modified by rule according to Subsection 63G-4-201(5), the respondent, if any, shall file and serve a written response signed by the respondent or the respondent's representative within 30 days of the mailing date or last date of publication of the notice of agency action or the notice under Subsection 63G-4-201(3)(d), which shall include:
(a) the agency's file number or other reference number;
(b) the name of the adjudicative proceeding;
(c) a statement of the relief that the respondent seeks;
(d) a statement of the facts; and
(e) a statement summarizing the reasons that the relief requested should be granted.
(2) The respondent shall send a copy of the response filed under Subsection (1) to each party.
(3) The presiding officer, or the agency by rule, may permit or require pleadings in addition to the notice of agency action, the request for agency action, and the response. All documents permitted or required to be filed shall be filed with the agency and one copy shall be sent to each party.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 205 - Procedures for formal adjudicative proceedings -- Discovery and subpoenas.

63G-4-205.
Procedures for formal adjudicative proceedings -- Discovery and subpoenas.
(1) In formal adjudicative proceedings, the agency may, by rule, prescribe means of discovery adequate to permit the parties to obtain all relevant information necessary to support their claims or defenses. If the agency does not enact rules under this section, the parties may conduct discovery according to the Utah Rules of Civil Procedure.
(2) Subpoenas and other orders to secure the attendance of witnesses or the production of evidence in formal adjudicative proceedings shall be issued by the presiding officer when requested by any party, or may be issued by the presiding officer on the presiding officer's own motion.
(3) Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 206 - Procedures for formal adjudicative proceedings -- Hearing procedure.

63G-4-206.
Procedures for formal adjudicative proceedings -- Hearing procedure.
(1) Except as provided in Subsections 63G-4-201(3)(d)(i) and (ii), in all formal adjudicative proceedings, a hearing shall be conducted as follows:
(a) The presiding officer shall regulate the course of the hearing to obtain full disclosure of relevant facts and to afford all the parties reasonable opportunity to present their positions.
(b) On the presiding officer's own motion or upon objection by a party, the presiding officer:
(i) may exclude evidence that is irrelevant, immaterial, or unduly repetitious;
(ii) shall exclude evidence privileged in the courts of Utah;
(iii) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all pertinent portions of the original document; and
(iv) may take official notice of any facts that could be judicially noticed under the Utah Rules of Evidence, of the record of other proceedings before the agency, and of technical or scientific facts within the agency's specialized knowledge.
(c) The presiding officer may not exclude evidence solely because it is hearsay.
(d) The presiding officer shall afford to all parties the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.
(e) The presiding officer may give persons not a party to the adjudicative proceeding the opportunity to present oral or written statements at the hearing.
(f) All testimony presented at the hearing, if offered as evidence to be considered in reaching a decision on the merits, shall be given under oath.
(g) The hearing shall be recorded at the agency's expense.
(h) Any party, at the party's own expense, may have a person approved by the agency prepare a transcript of the hearing, subject to any restrictions that the agency is permitted by statute to impose to protect confidential information disclosed at the hearing.
(i) All hearings shall be open to all parties.
(2) This section does not preclude the presiding officer from taking appropriate measures necessary to preserve the integrity of the hearing.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 207 - Procedures for formal adjudicative proceedings -- Intervention.

63G-4-207.
Procedures for formal adjudicative proceedings -- Intervention.
(1) Any person not a party may file a signed, written petition to intervene in a formal adjudicative proceeding with the agency. The person who wishes to intervene shall mail a copy of the petition to each party. The petition shall include:
(a) the agency's file number or other reference number;
(b) the name of the proceeding;
(c) a statement of facts demonstrating that the petitioner's legal rights or interests are substantially affected by the formal adjudicative proceeding, or that the petitioner qualifies as an intervenor under any provision of law; and
(d) a statement of the relief that the petitioner seeks from the agency.
(2) The presiding officer shall grant a petition for intervention if the presiding officer determines that:
(a) the petitioner's legal interests may be substantially affected by the formal adjudicative proceeding; and
(b) the interests of justice and the orderly and prompt conduct of the adjudicative proceedings will not be materially impaired by allowing the intervention.
(3)
(a) Any order granting or denying a petition to intervene shall be in writing and mailed to the petitioner and each party.
(b) An order permitting intervention may impose conditions on the intervenor's participation in the adjudicative proceeding that are necessary for a just, orderly, and prompt conduct of the adjudicative proceeding.
(c) The presiding officer may impose the conditions at any time after the intervention.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 208 - Procedures for formal adjudicative proceedings -- Orders.

63G-4-208.
Procedures for formal adjudicative proceedings -- Orders.
In formal adjudicative proceedings:
(1) Within a reasonable time after the hearing, or after the filing of any posthearing documents permitted by the presiding officer, or within the time required by any applicable statute or rule of the agency, the presiding officer shall sign and issue an order that includes:
(a) a statement of the presiding officer's findings of fact based exclusively on the evidence of record in the adjudicative proceedings or on facts officially noted;
(b) a statement of the presiding officer's conclusions of law;
(c) a statement of the reasons for the presiding officer's decision;
(d) a statement of any relief ordered by the agency;
(e) a notice of the right to apply for reconsideration;
(f) a notice of any right to administrative or judicial review of the order available to aggrieved parties; and
(g) the time limits applicable to any reconsideration or review.
(2) The presiding officer may use the presiding officer's experience, technical competence, and specialized knowledge to evaluate the evidence.
(3) A finding of fact that was contested may not be based solely on hearsay evidence unless that evidence is admissible under the Utah Rules of Evidence.
(4) This section does not preclude the presiding officer from issuing interim orders to:
(a) notify the parties of further hearings;
(b) notify the parties of provisional rulings on a portion of the issues presented; or
(c) otherwise provide for the fair and efficient conduct of the adjudicative proceeding.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 2 - Adjudicative Proceedings › Section 209 - Default.

63G-4-209.
Default.
(1) The presiding officer may enter an order of default against a party if:
(a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceeding;
(b) a party to a formal adjudicative proceeding fails to attend or participate in a properly scheduled hearing after receiving proper notice; or
(c) a respondent in a formal adjudicative proceeding fails to file a response under Section 63G-4-204.
(2) An order of default shall include a statement of the grounds for default and shall be mailed to all parties.
(3)
(a) A defaulted party may seek to have the agency set aside the default order, and any order in the adjudicative proceeding issued subsequent to the default order, by following the procedures outlined in the Utah Rules of Civil Procedure.
(b) A motion to set aside a default and any subsequent order shall be made to the presiding officer.
(c) A defaulted party may seek agency review under Section 63G-4-301, or reconsideration under Section 63G-4-302, only on the decision of the presiding officer on the motion to set aside the default.
(4)
(a) In an adjudicative proceeding begun by the agency, or in an adjudicative proceeding begun by a party that has other parties besides the party in default, the presiding officer shall, after issuing the order of default, conduct any further proceedings necessary to complete the adjudicative proceeding without the participation of the party in default and shall determine all issues in the adjudicative proceeding, including those affecting the defaulting party.
(b) In an adjudicative proceeding that has no parties other than the agency and the party in default, the presiding officer shall, after issuing the order of default, dismiss the proceeding.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 3 - Agency Review › Section 301 - Agency review -- Procedure.

63G-4-301.
Agency review -- Procedure.
(1)
(a) If a statute or the agency's rules permit parties to any adjudicative proceeding to seek review of an order by the agency or by a superior agency, the aggrieved party may file a written request for review within 30 days after the issuance of the order with the person or entity designated for that purpose by the statute or rule.
(b) The request shall:
(i) be signed by the party seeking review;
(ii) state the grounds for review and the relief requested;
(iii) state the date upon which it was mailed; and
(iv) be mailed to the presiding officer and to each party.
(2)
(a) Within 15 days of the mailing date of the request for review, or within the time period provided by agency rule, whichever is longer, any party may file a response with the person designated by statute or rule to receive the response.
(b) The party who files a response under Subsection (2)(a) shall mail a copy of the response to each of the parties and to the presiding officer.
(3) If a statute or the agency's rules require review of an order by the agency or a superior agency, the agency or superior agency shall review the order within a reasonable time or within the time required by statute or the agency's rules.
(4) To assist in review, the agency or superior agency may by order or rule permit the parties to file briefs or other documents, or to conduct oral argument.
(5) Notice of hearings on review shall be mailed to all parties.
(6)
(a) Within a reasonable time after the filing of any response, other filings, or oral argument, or within the time required by statute or applicable rules, the agency or superior agency shall issue a written order on review.
(b) The order on review shall be signed by the agency head or by a person designated by the agency for that purpose and shall be mailed to each party.
(c) The order on review shall contain:
(i) a designation of the statute or rule permitting or requiring review;
(ii) a statement of the issues reviewed;
(iii) findings of fact as to each of the issues reviewed;
(iv) conclusions of law as to each of the issues reviewed;
(v) the reasons for the disposition;
(vi) whether the decision of the presiding officer or agency is to be affirmed, reversed, or modified, and whether all or any portion of the adjudicative proceeding is to be remanded;
(vii) a notice of any right of further administrative reconsideration or judicial review available to aggrieved parties; and
(viii) the time limits applicable to any appeal or review.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 3 - Agency Review › Section 302 - Agency review -- Reconsideration.

63G-4-302.
Agency review -- Reconsideration.
(1)
(a) Within 20 days after the date that an order is issued for which review by the agency or by a superior agency under Section 63G-4-301 is unavailable, and if the order would otherwise constitute final agency action, any party may file a written request for reconsideration with the agency, stating the specific grounds upon which relief is requested.
(b) Unless otherwise provided by statute, the filing of the request is not a prerequisite for seeking judicial review of the order.
(2) The request for reconsideration shall be filed with the agency and one copy shall be mailed to each party by the person making the request.
(3)
(a) The agency head, or a person designated for that purpose, shall issue a written order granting the request or denying the request.
(b) If the agency head or the person designated for that purpose does not issue an order within 20 days after the filing of the request, the request for reconsideration shall be considered to be denied.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 4 - Judicial Review › Section 401 - Judicial review -- Exhaustion of administrative remedies.

Effective 5/3/2023
63G-4-401.
Judicial review -- Exhaustion of administrative remedies -- Petition for judicial review.
(1) A party aggrieved may obtain judicial review of final agency action, except in actions where judicial review is expressly prohibited by statute.
(2) A party may seek judicial review only after exhausting all administrative remedies available, except that:
(a) a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required;
(b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if:
(i) the administrative remedies are inadequate; or
(ii) exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.
(3)
(a) Except as provided in Subsection (3)(c), a party shall file a petition for judicial review of final agency action within 30 days after the day on which the order:
(i) constituting the final agency action is issued; or
(ii) is considered to have been issued under Subsection 63G-4-302(3)(b).
(b) The petition shall:
(i) name the agency and all other appropriate parties as respondents; and
(ii) meet the form requirements specified in this chapter.
(c) If a party files a petition for judicial review of a final agency action resulting from a formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a), any other party to the action may file a petition for judicial review if the petition is filed within the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate Procedure.
Amended by Chapter 433, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 4 - Judicial Review › Section 402 - Judicial review -- Informal adjudicative proceedings.

Effective 9/1/2021
63G-4-402.
Judicial review -- Informal adjudicative proceedings.
(1)
(a) The district courts have jurisdiction to review by trial de novo all final agency actions resulting from informal adjudicative proceedings, except that the juvenile courts have jurisdiction over all final agency actions relating to:
(i) the removal or placement of children in state custody;
(ii) the support of children under Subsection (1)(a)(i) as determined administratively under Section 78A-6-356; and
(iii) supported findings of abuse or neglect made by the Division of Child and Family Services.
(b) Venue for judicial review of informal adjudicative proceedings shall be as provided in the statute governing the agency or, in the absence of such a venue provision, in the county where the petitioner resides or maintains the petitioner's principal place of business.
(2)
(a) The petition for judicial review of informal adjudicative proceedings shall be a complaint governed by the Utah Rules of Civil Procedure and shall include:
(i) the name and mailing address of the party seeking judicial review;
(ii) the name and mailing address of the respondent agency;
(iii) the title and date of the final agency action to be reviewed, together with a copy, summary, or brief description of the agency action;
(iv) identification of the persons who were parties in the informal adjudicative proceedings that led to the agency action;
(v) a copy of the written agency order from the informal proceeding;
(vi) facts demonstrating that the party seeking judicial review is entitled to obtain judicial review;
(vii) a request for relief, specifying the type and extent of relief requested; and
(viii) a statement of the reasons why the petitioner is entitled to relief.
(b) All additional pleadings and proceedings in the district court are governed by the Utah Rules of Civil Procedure.
(3)
(a) The court, without a jury, shall determine all questions of fact and law and any constitutional issue presented in the pleadings.
(b) The Utah Rules of Evidence apply in judicial proceedings under this section.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 4 - Judicial Review › Section 403 - Judicial review -- Formal adjudicative proceedings.

63G-4-403.
Judicial review -- Formal adjudicative proceedings.
(1) As provided by statute, the Supreme Court or the Court of Appeals has jurisdiction to review all final agency action resulting from formal adjudicative proceedings.
(2)
(a) To seek judicial review of final agency action resulting from formal adjudicative proceedings, the petitioner shall file a petition for review of agency action with the appropriate appellate court in the form required by the appellate rules of the appropriate appellate court.
(b) The appellate rules of the appropriate appellate court shall govern all additional filings and proceedings in the appellate court.
(3) The contents, transmittal, and filing of the agency's record for judicial review of formal adjudicative proceedings are governed by the Utah Rules of Appellate Procedure, except that:
(a) all parties to the review proceedings may stipulate to shorten, summarize, or organize the record;
(b) the appellate court may tax the cost of preparing transcripts and copies for the record:
(i) against a party who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or
(ii) according to any other provision of law.
(4) The appellate court shall grant relief only if, on the basis of the agency's record, it determines that a person seeking judicial review has been substantially prejudiced by any of the following:
(a) the agency action, or the statute or rule on which the agency action is based, is unconstitutional on its face or as applied;
(b) the agency has acted beyond the jurisdiction conferred by any statute;
(c) the agency has not decided all of the issues requiring resolution;
(d) the agency has erroneously interpreted or applied the law;
(e) the agency has engaged in an unlawful procedure or decision-making process, or has failed to follow prescribed procedure;
(f) the persons taking the agency action were illegally constituted as a decision-making body or were subject to disqualification;
(g) the agency action is based upon a determination of fact, made or implied by the agency, that is not supported by substantial evidence when viewed in light of the whole record before the court;
(h) the agency action is:
(i) an abuse of the discretion delegated to the agency by statute;
(ii) contrary to a rule of the agency;
(iii) contrary to the agency's prior practice, unless the agency justifies the inconsistency by giving facts and reasons that demonstrate a fair and rational basis for the inconsistency; or
(iv) otherwise arbitrary or capricious.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 4 - Judicial Review › Section 404 - Judicial review -- Type of relief.

63G-4-404.
Judicial review -- Type of relief.
(1)
(a) In either the review of informal adjudicative proceedings by the district court or the review of formal adjudicative proceedings by an appellate court, the court may award damages or compensation only to the extent expressly authorized by statute.
(b) In granting relief, the court may:
(i) order agency action required by law;
(ii) order the agency to exercise its discretion as required by law;
(iii) set aside or modify agency action;
(iv) enjoin or stay the effective date of agency action; or
(v) remand the matter to the agency for further proceedings.
(2) Decisions on petitions for judicial review of final agency action are reviewable by a higher court, if authorized by statute.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 4 - Administrative Procedures Act › Part 4 - Judicial Review › Section 405 - Judicial review -- Stay and other temporary remedies pending final disposition.

63G-4-405.
Judicial review -- Stay and other temporary remedies pending final disposition.
(1) Unless precluded by another statute, the agency may grant a stay of its order or other temporary remedy during the pendency of judicial review, according to the agency's rules.
(2) Parties shall petition the agency for a stay or other temporary remedies unless extraordinary circumstances require immediate judicial intervention.
(3) If the agency denies a stay or denies other temporary remedies requested by a party, the agency's order of denial shall be mailed to all parties and shall specify the reasons why the stay or other temporary remedy was not granted.
(4) If the agency has denied a stay or other temporary remedy to protect the public health, safety, or welfare against a substantial threat, the court may not grant a stay or other temporary remedy unless it finds that:
(a) the agency violated its own rules in denying the stay; or
(b)
(i) the party seeking judicial review is likely to prevail on the merits when the court finally disposes of the matter;
(ii) the party seeking judicial review will suffer irreparable injury without immediate relief;
(iii) granting relief to the party seeking review will not substantially harm other parties to the proceedings; and
(iv) the threat to the public health, safety, or welfare relied upon by the agency is not sufficiently serious to justify the agency's action under the circumstances.
Renumbered and Amended by Chapter 382, 2008 General Session