Title 63G Chapter 4 Section 402

General Government
Administrative Procedures Act
Section 402
Judicial review -- Informal adjudicative proceedings.

            

63G-4-402.   Judicial review -- Informal adjudicative proceedings.

            (1) (a) The district courts have jurisdiction to review by trial de novo all final agency actions resulting from informal adjudicative proceedings, except that the juvenile courts have jurisdiction over all state agency actions relating to:

            (i) the removal or placement of children in state custody;

            (ii) the support of children under Subsection (1)(a)(i) as determined administratively under Section 78A-6-1106; and

            (iii) substantiated findings of abuse or neglect made by the Division of Child and Family Services, after an evidentiary hearing.

            (b) Venue for judicial review of informal adjudicative proceedings shall be as provided in the statute governing the agency or, in the absence of such a venue provision, in the county where the petitioner resides or maintains the petitioner's principal place of business.

            (2) (a) The petition for judicial review of informal adjudicative proceedings shall be a complaint governed by the Utah Rules of Civil Procedure and shall include:

            (i) the name and mailing address of the party seeking judicial review;

            (ii) the name and mailing address of the respondent agency;

            (iii) the title and date of the final agency action to be reviewed, together with a copy, summary, or brief description of the agency action;

            (iv) identification of the persons who were parties in the informal adjudicative proceedings that led to the agency action;

            (v) a copy of the written agency order from the informal proceeding;

            (vi) facts demonstrating that the party seeking judicial review is entitled to obtain judicial review;

            (vii) a request for relief, specifying the type and extent of relief requested; and

            (viii) a statement of the reasons why the petitioner is entitled to relief.

            (b) All additional pleadings and proceedings in the district court are governed by the Utah Rules of Civil Procedure.

            (3) (a) The court, without a jury, shall determine all questions of fact and law and any constitutional issue presented in the pleadings.

            (b) The Utah Rules of Evidence apply in judicial proceedings under this section.


Amended by Chapter 208, 2011 General Session