Current through the 2024 Fourth Special Session
Section 63G-6a-1802 - Appeal to Utah Court of Appeals(1)(a) As provided in this part: (i) a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A);(ii) a person who receives an adverse decision by a procurement appeals panel may appeal that decision;(iii) subject to Subsection (2), a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may appeal an adverse decision by a procurement appeals panel; and(iv) a person who receives an adverse decision in a protest relating to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district may appeal that decision.(b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.(2) A procurement unit may not appeal the decision of a procurement appeals panel, unless the appeal is:(a) recommended by the protest officer involved; and(b) except for a procurement unit that is not represented by the attorney general's office, approved by the attorney general.(3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.(4) The Utah Court of Appeals: (a) shall consider the appeal as an appellate court;(b) may not hear the matter as a trial de novo; and(c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.(5) The Utah Court of Appeals is encouraged to:(a) give an appeal made under this section priority; and(b) consider the appeal and render a decision in an expeditious manner.Amended by Chapter 348, 2017 General Session ,§ 34, eff. 5/9/2017.Amended by Chapter 218, 2015 General Session ,§ 26, eff. 5/12/2015.Amended by Chapter 196, 2014 General Session ,§ 63, eff. 3/29/2014.Amended by Chapter 445, 2013 General Session ,§ 91, eff. 5/1/2013.Amended by Chapter 347, 2012 General Session ,§ 244, eff. 5/1/2013.Renumbered from § 63G-6-815 and amended by Chapter 347, 2012 General Session ,§ 185, eff. 5/1/2013.Amended by Chapter 91, 2012 General Session ,§ 17, eff. 3/15/2012.Renumbered and Amended by Chapter 382, 2008 General Session