Section R151-4-901 - Availability of Agency Review and Reconsideration(1)(a) Except as otherwise provided in Subsection 63G-4-209(3)(c), an aggrieved party may obtain agency review of a final order by filing a request with the executive director within 30 calendar days after the issuance of the order.(b) This 30-day deadline is jurisdictional, the three-day mailing rule in Subsection 151-4-107(3) does not apply and does not extend the jurisdictional deadline.(c) Pursuant to Subsection 63G-4-102(9), the executive director may extend the deadline only for good cause shown.(d) Good cause to justify an extension means special circumstances beyond the control of the person requesting agency review that prevents a timely filing of the request.(e) A decision on a prehearing motion is not subject to interlocutory appeal or agency review until the division enters a final order.(2)(a) Agency review is not available for an order or decision entered by: (i) the Utah Motor Vehicle Franchise Advisory Board; or(ii) the Utah Powersport Vehicle Franchise Advisory Board(b) Agency review is not available for an order or decision entered by the Division of Professional Licensing for: (i) Prelitigation proceedings under Title 78B, Chapter 3, the Utah Health Care Malpractice Act;(ii) a request for modification of a disciplinary order;(iii) a request under Title 58, Chapter 4a, for entry into the Utah Professionals Health Program; or(iv) a determination made on an application for a division determination regarding criminal record in accordance with Section 58-1-310.(c) Agency review is not available for an order or decision entered by the Division of Corporations and Commercial Code for:(i) refusal to file a document under the Utah Revised Business Corporations Act pursuant to Section 16-10a-126;(ii) revocation of a foreign corporation's authority to transact business pursuant to Section 16-10a-1532;(iii) refusal to file a document under the Utah Revised Limited Liability Company Act pursuant to Section 48-3a-209; or(iv) denial of reinstatement under the Uniform Limited Cooperative Association Act pursuant to Section 16-16-1213.(d)(i) A party may request agency reconsideration pursuant to Section 63G-4-302 for an order or decision exempt from agency review under Subsections R151-4-901(2)(a), R151-4-901(2)(b)(ii), and R151-4-901(2)(c).(ii) Pursuant to Subsections 58-4a-105(5) and 78B-3-416(1)(c), agency reconsideration is not available for an order or decision exempt from agency review under Subsections R151-4-901(2)(b)(i) and R151-4-901(2)(b)(iii).Utah Admin. Code R151-4-901
Amended by Utah State Bulletin Number 2016-2, effective 12/28/2015Amended by Utah State Bulletin Number 2018-21, effective 10/11/2018Amended by Utah State Bulletin Number 2020-03, effective 1/8/2020Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024