Utah Code § 63G-4-401

Current through the 2024 Fourth Special Session
Section 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.

Utah Code § 63G-4-401

Amended by Chapter 433, 2023 General Session ,§ 1, eff. 5/3/2023.
Renumbered and Amended by Chapter 382, 2008 General Session.