Utah Admin. Code 590-149-7

Current through Bulletin 2024-19, October 1, 2024
Section R590-149-7 - Appeal
(1) The complainant may appeal the decision of the director to the commissioner by filing an appeal within ten working days of receipt of the director's decision.
(2) The appeal shall be filed in writing, or in another accessible format reasonably suited to the complainant's ability.
(3)
(a) The commissioner may name an assistant to help with the appeal.
(b) Neither the director, the ADA coordinator , nor the designee may be the commissioner's assistant for the appeal.
(4) The appeal shall describe, in sufficient detail, why the director's decision does not effectively address the complainant's requirements.
(5)
(a) The commissioner shall review the ADA coordinator's recommendation, the director's decision, and the issues raised on appeal prior to reaching a decision.
(b) The commissioner may direct additional investigation, as necessary.
(6) The commissioner shall consult with representatives from any other state agency that may be affected by the decision, as provided in Subsection R590-149-6(6).
(7) The final written decision shall be issued by the commissioner within 15 working days of receiving the appeal.
(8) If the commissioner is unable to reach a final decision within 15 working days, the qualified individual will be notified that the final decision is being delayed and given an estimate of the additional time needed to reach a decision.

Utah Admin. Code R590-149-7

Amended by Utah State Bulletin Number 2022-02, effective 1/10/2022