(1) |
Terms Used In Utah Code 73-3-14- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a) |
A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and this section. |
(b) |
Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located. |
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(2) |
The state engineer shall be joined as a respondent in a petition to review the state engineer’s decision, but no judgment for costs or expenses of the litigation may be rendered against the state engineer. |
(3) |
A person who files a petition for judicial review as authorized in this section shall:
(a) |
name the state engineer as a respondent; and |
(b) |
provide written notice in accordance with Subsection (5) to each person who filed a protest in accordance with Section 73-3-7 of:
(i) |
the filing of the petition for judicial review; and |
(ii) |
the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24. |
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(4) |
In addition to the requirements of Subsection (3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person:
(a) |
who requested the adjudicative proceeding; or |
(b) |
against whom the state engineer brought the adjudicative proceeding. |
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(5) |
The written notice required by this section shall:
(a) |
be mailed:
(i) |
within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and |
(ii) |
to the address on record with the state engineer’s office at the time the order is issued; and |
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(b) |
include:
(i) |
a copy of the petition; and |
(ii) |
the address of the court in which the petition is pending. |
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(6) |
If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon:
(a) |
the motion of a party; |
(b) |
the special appearance of a person who:
(i) |
participated in the adjudicative proceeding; and |
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(c) |
the court’s own motion. |
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(7) |
A person who files a petition for judicial review is not required to:
(a) |
notwithstanding Subsection 63G-4-401(3)(b), name a respondent that is not required by this section; and |
(b) |
notwithstanding Subsection 63G-4-402(2)(a)(iv), identify all parties to the adjudicative proceeding. |
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Amended by Chapter 165, 2008 General Session
Amended by Chapter 382, 2008 General Session