7 LONG TITLE
8 General Description:
9 This bill amends provisions related to administrative appeals.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the filing of a petition for judicial review; and
13 ▸ makes technical and conforming changes.
14 Money Appropriated in this Bill:
16 Other Special Clauses:
18 Utah Code Sections Affected:
20 63G-4-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 63G-4-401 is amended to read:
24 63G-4-401. Judicial review -- Exhaustion of administrative remedies -- Petition
25 for judicial review.
26 (1) A party aggrieved may obtain judicial review of final agency action, except in
27 actions where judicial review is expressly prohibited by statute.
28 (2) A party may seek judicial review only after exhausting all administrative remedies
29 available, except that:
30 (a) a party seeking judicial review need not exhaust administrative remedies if this
31 chapter or any other statute states that exhaustion is not required;
32 (b) the court may relieve a party seeking judicial review of the requirement to exhaust
33 any or all administrative remedies if:
34 (i) the administrative remedies are inadequate; or
35 (ii) exhaustion of remedies would result in irreparable harm disproportionate to the
36 public benefit derived from requiring exhaustion.
37 (3) (a) [
38 judicial review of final agency action within 30 days after the [
40 (i) constituting the final agency action is issued; or
41 (ii) is considered to have been issued under Subsection 63G-4-302(3)(b).
42 (b) The petition shall:
43 (i) name the agency and all other appropriate parties as respondents; and [
44 (ii) meet the form requirements specified in this chapter.
45 (c) If a party files a petition for judicial review of a final agency action resulting from a
46 formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a),
47 any other party to the action may file a petition for judicial review if the petition is filed within
48 the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate