63G-4-401. Judicial review -- Exhaustion of administrative remedies.
(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) A party shall file a petition for judicial review of final agency action within 30
days after the date that the order constituting the final agency action is issued or is considered to
have been issued under Subsection 63G-4-302(3)(b).
(b) The petition shall name the agency and all other appropriate parties as respondents
and shall meet the form requirements specified in this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009