Section R590-160-8 - Agency Review(1)(a) Agency review of an adjudicative proceeding, except an informal adjudicative proceeding that becomes final without a request for a hearing under Subsection R590-160-7(1), is available to a party to a proceeding by filing a request for agency review with the commissioner within 30 days of the date of the order.(b) Failure to seek agency review is a failure to exhaust administrative remedies.(2) Agency review shall comply with Section 63G-4-301.(3)(a) The commissioner or the commissioner's designee shall conduct the review.(b) A designee may not be the presiding officer who issued the decision under review.(c) If a designee conducts a review, the designee shall recommend a disposition to the commissioner.(d) The commissioner will make the final decision and sign the order.(4) Content of a request for agency review. (a) A request for agency review shall comply with Subsection 63G-4-301(1)(b), and shall include the following: (i) a copy of the order that is the subject of the request;(ii) the factual basis for the request, including:(A) citation to the record of the formal adjudicative proceeding; and(B) clear reference to evidence or a proffer of evidence in an informal adjudicative proceeding;(iii) the legal basis for the request, including citation to supporting authority;(iv) for a challenge to a finding of fact in a formal adjudicative proceeding, the reason that the finding is not supported by substantial evidence based on the entire record; and(v) for a challenge to a finding of fact in an informal adjudicative proceeding, the reason that the finding is not supported by substantial evidence based on the evidence received or proffered.(b) A party challenging a finding of fact in a formal adjudicative proceeding shall: (i) order a transcript of the recording relevant to the finding;(ii) certify that a transcript is ordered;(iii) file the transcript with the commissioner or the commissioner's designee;(iv) serve a copy of the transcript on each party; and(v) pay the cost of preparing the transcript.(c) The commissioner or commissioner's designee may waive the transcript requirement on motion for good cause shown.(5) Memoranda. (a)(i) A party requesting agency review shall submit a supporting memorandum with the request.(ii) If a transcript is necessary to conduct agency review, a supporting memorandum shall be filed no later than 15 days after the service of the transcript on the opposing party.(b) An opposing memorandum shall be filed no later than 15 days after the supporting memorandum is filed.(c) A reply memorandum shall be filed no later than five days after the opposing memorandum is filed.(d) The commissioner or the commissioner's designee may order a party to submit additional memoranda to assist in conducting agency review.(6) Request for a stay. (a) On motion by a party and for good cause, the commissioner or commissioner's designee may stay the presiding officer's order during the pendency of agency review.(b) A motion for a stay shall be made in writing and may be made at any time during the pendency of agency review.(c) An opposition to a motion for a stay shall be made in writing within ten days from the date the motion is filed.(7)(a) A party may request oral argument in the party's initial pleading.(b) The commissioner or the commissioner's designee may grant oral argument if requested in a party's initial pleading.(8) Failure to comply with Section R590-160-8 may result in the commissioner or the commissioner's designee dismissing the request for agency review.Utah Admin. Code R590-160-8
Amended by Utah State Bulletin Number 2018-17, effective 8/14/2018Amended by Utah State Bulletin Number 2020-12, effective 6/8/2020Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021Amended by Utah State Bulletin Number 2022-07, effective 3/25/2022Amended by Utah State Bulletin Number 2022-20, effective 10/11/2022