Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Days: means calendar days, unless expressly provided otherwise. See Utah Code 63G-6a-103
Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
Judicial procurement unit: means :
(a)
the Utah Supreme Court;
(b)
the Utah Court of Appeals;
(c)
the Judicial Council;
(d)
a state judicial district; or
(e)
an office, committee, subcommittee, or other organization within the state judicial branch. See Utah Code 63G-6a-103
Legislative procurement unit: means :
(a)
the Legislature;
(b)
the Senate;
(c)
the House of Representatives;
(d)
a staff office of the Legislature, the Senate, or the House of Representatives; or
(e)
a committee, subcommittee, commission, or other organization:
(i)
within the state legislative branch; or
(ii)
(A)
that is created by statute to advise or make recommendations to the Legislature;
(B)
the membership of which includes legislators; and
(C)
for which the Office of Legislative Research and General Counsel provides staff support. See Utah Code 63G-6a-103
Local government procurement unit: means :
(a)
a county, municipality, or project entity, and each office of the county, municipality, or project entity, unless:
(i)
the county or municipality adopts a procurement code by ordinance; or
(ii)
the project entity adopts a procurement code through the process described in Section 11-13-316;
(b)
(i)
a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality; and
(ii)
a project entity that has adopted this entire chapter through the process described in Subsection 11-13-316; or
(c)
a county, municipality, or project entity, and each office of the county, municipality, or project entity that has adopted a portion of this chapter to the extent that:
(i)
a term in the ordinance is used in the adopted chapter; or
(ii)
a term in the ordinance is used in the language a project entity adopts in its procurement code through the process described in Section 11-13-316. See Utah Code 63G-6a-103
Nonadopting local government procurement unit: means :
(a)
a county or municipality that has not adopted 16, 17, 18, and 19; and
(b)
each office or agency of a county or municipality described in Subsection (50)(a). See Utah Code 63G-6a-103
Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
Protest officer: means :
(a)
for the division or an independent procurement unit:
(i)
the procurement official;
(ii)
the procurement official's designee who is an employee of the procurement unit; or
(iii)
a person designated by rule made by the rulemaking authority; or
(b)
for a procurement unit other than an independent procurement unit, the chief procurement officer or the chief procurement officer's designee who is an employee of the division . See Utah Code 63G-6a-103
Public transit district: means a public transit district organized under 8. See Utah Code 63G-6a-103
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)
As provided in this part:
(i)
a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A);
(ii)
a person who receives an adverse decision by a procurement appeals panel may appeal that decision;
(iii)
subject to Subsection (2), a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may appeal an adverse decision by a procurement appeals panel; and
(iv)
a person who receives an adverse decision in a protest relating to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district may appeal that decision.
(b)
A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.
(2)
A procurement unit may not appeal the decision of a procurement appeals panel, unless the appeal is:
(a)
recommended by the protest officer involved; and
(b)
except for a procurement unit that is not represented by the attorney general’s office, approved by the attorney general.
(3)
A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.
(4)
The Utah Court of Appeals:
(a)
shall consider the appeal as an appellate court;
(b)
may not hear the matter as a trial de novo; and
(c)
may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.
(5)
The Utah Court of Appeals is encouraged to:
(a)
give an appeal made under this section priority; and
(b)
consider the appeal and render a decision in an expeditious manner.
