7 LONG TITLE
8 Committee Note:
9 The Judiciary Interim Committee recommended this bill.
10 Legislative Vote: 15 voting for 0 voting against 2 absent
11 General Description:
12 This bill amends provisions related to administrative appeals.
13 Highlighted Provisions:
14 This bill:
15 ▸ addresses the filing of a petition for judicial review; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 63G-4-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 63G-4-401 is amended to read:
27 63G-4-401. Judicial review -- Exhaustion of administrative remedies -- Petition
28 for judicial review.
29 (1) A party aggrieved may obtain judicial review of final agency action, except in
30 actions where judicial review is expressly prohibited by statute.
31 (2) A party may seek judicial review only after exhausting all administrative remedies
32 available, except that:
33 (a) a party seeking judicial review need not exhaust administrative remedies if this
34 chapter or any other statute states that exhaustion is not required;
35 (b) the court may relieve a party seeking judicial review of the requirement to exhaust
36 any or all administrative remedies if:
37 (i) the administrative remedies are inadequate; or
38 (ii) exhaustion of remedies would result in irreparable harm disproportionate to the
39 public benefit derived from requiring exhaustion.
40 (3) (a) [
41 judicial review of final agency action within 30 days after the [
43 (i) constituting the final agency action is issued; or
44 (ii) is considered to have been issued under Subsection 63G-4-302(3)(b).
45 (b) The petition shall:
46 (i) name the agency and all other appropriate parties as respondents; and [
47 (ii) meet the form requirements specified in this chapter.
48 (c) If a party files a petition for judicial review of a final agency action resulting from a
49 formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a),
50 any other party to the action may file a petition for judicial review if the petition is filed within
51 the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate