Utah Code 49-11-613. Appeals procedure — Right of appeal to hearing officer — Board reconsideration

49-11-613. Appeals procedure — Right of appeal to hearing officer — Board reconsideration — Judicial review — Docketing abstract of final administrative order.

(1)

Terms Used In Utah Code 49-11-613

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.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
Covered individual: means any individual covered under Chapter 20, Public Employees' Benefit and Insurance Program Act. See Utah Code 49-11-102
Docket: A log containing brief entries of court proceedings.
Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Lien: A claim against real or personal property in satisfaction of a debt.
Member: means a person, except a retiree, with contributions on deposit with a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act, or with a terminated system. See Utah Code 49-11-102
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office: means the Utah State Retirement Office. See Utah Code 49-11-102
Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102
Participating employer: means a participating employer, as defined by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges' Noncontributory Retirement Act, or an agency financed in whole or in part by public funds which is participating in a system or plan as of January 1, 2002. See Utah Code 49-11-102
Person: means :Utah Code 68-3-12.5
Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by 4, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by 4, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Program: means the Public Employees' Insurance Program created under Chapter 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees' Long-Term Disability program created under Chapter 21, Public Employees' Long-Term Disability Act. See Utah Code 49-11-102
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Retiree: means an individual who has qualified for an allowance under this title. See Utah Code 49-11-102
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
System: means the individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under 3, and the defined benefit portion of the Tier II Hybrid Retirement System under 3. See Utah Code 49-11-102
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
Writing: includes :Utah Code 68-3-12.5

(a)	A member, retiree, participant, alternative payee, covered individual, employer, participating employer, and covered employer shall inform themselves of their benefits, rights, obligations, and employment rights under this title.

(b)	Subject to Subsection (8), any dispute regarding a benefit, right, obligation, or employment right under this title is subject to the procedures provided under this section.

(c)

(i)	A person who disputes a benefit, right, obligation, or employment right under this title shall request a ruling by the executive director who may delegate the decision to the deputy director.

(ii)	A request for a ruling to the executive director under this section shall constitute the initiation of an action for purposes of the limitations periods described in Section 49-11-613.5.

(d)	A person who is dissatisfied by a ruling under Subsection (1)(c) with respect to any benefit, right, obligation, or employment right under this title may request a review of that claim by a hearing officer within the time period described in Section 49-11-613.5.

(e)

(i)

The executive director, on behalf of the board, may request that the hearing officer review a dispute regarding any benefit, right, obligation, or employment right under this title by filing a notice of board action and providing notice to all affected parties in accordance with rules adopted by the board.

(ii)	The filing of a notice of board action shall constitute the initiation of an action for purposes of the limitations periods described in Section 49-11-613.5.

(2)

The hearing officer shall:

(a)	be hired by the executive director after consultation with the board;

(b)

follow and enforce the procedures and requirements of:

(i)	this title;

(ii)	the rules adopted by the board in accordance with Subsection (10); and

(iii)

Title 63G, Chapter 4, Administrative Procedures Act, except as specifically modified under this title or the rules adopted by the board in accordance with Subsection (10);

(c)	hear and determine all facts relevant to a decision, including facts pertaining to applications for benefits under any system, plan, or program under this title and all matters pertaining to the administration of the office; and

(d)	make conclusions of law in determining the person’s rights under any system, plan, or program under this title and matters pertaining to the administration of the office.

(3)	The board shall review and approve or deny all decisions of the hearing officer in accordance with rules adopted by the board in accordance with Subsection (10).

(4)	The moving party in any proceeding brought under this section shall bear the burden of proof.

(5)

A party may file an application for reconsideration by the board upon any of the following grounds:

(a)	that the board acted in excess of the board’s powers;

(b)	that the order or the award was procured by fraud;

(c)	that the evidence does not justify the determination of the hearing officer; or

(d)	that the party has discovered new material evidence that could not, with reasonable diligence, have been discovered or procured prior to the hearing.

(6)	The board shall affirm, reverse, or modify the decision of the hearing officer, or remand the application to the hearing officer for further consideration.

(7)

A party aggrieved by the board’s final decision under Subsection (6) may obtain judicial review by complying with the procedures and requirements of:

(a)	this title;

(b)	rules adopted by the board in accordance with Subsection (10); and

(c)	Title 63G, Chapter 4, Administrative Procedures Act, except as specifically modified under this title or the rules adopted by the board in accordance with Subsection (10).

(8)	The program shall provide an appeals process for medical claims that complies with federal law.

(9)

(a)

(i)	Any interested party may file, in a district court of any county in the state, an abstract of a final administrative order approved by the board in accordance with this section.

(ii)

Upon receiving the filing of an abstract, the clerk of the district court shall:

(A)	docket the abstract; and

(B)	note the date of the abstract’s receipt on the abstract and in the docket.

(b)

(i)	From the day on which an interested party files the abstract with a district court, the final administrative order approved by the board is a lien upon the real property of the obligor situated in that county.

(ii)	Unless satisfied, the lien is for a period of eight years after the day on which the board approves the final administrative order.

(c)	The final administrative order approved by the board fixing the liability of the obligor has the same effect as any other money judgment entered by a district court.

(d)

(i)

Except as provided in Subsection (9)(d)(ii), an attachment, a garnishment, or an execution on a judgment included in or accruing under a final administrative order approved by the board and filed and docketed in accordance with Subsection (9)(a) has the same manner and same effect as an attachment, a garnishment, or an execution on a judgment of a district court.

(ii)	A writ of garnishment on earnings continues to operate, and to require the garnishee to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval, until the office or a court releases the writ of garnishment in writing.

(e)	The lien and enforcement remedies provided by this section are in addition to any other lien or remedy provided by law.

(f)	A party may bring an action upon a final administrative order approved by the board within eight years after the day on which the board approves the final administrative order.

(g)	A final administrative order may be renewed administratively by complying with the procedures and requirements provided in rule adopted by the board in accordance with Subsection (10).

(10)

(a)	The board shall make rules to implement this section and to establish procedures and requirements for adjudicative proceedings.

(b)	The rules shall be substantially similar to or incorporate provisions of the Utah Rules of Civil Procedure, the Utah Rules of Evidence, and Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 37, 2023 General Session

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Utah Code 49-11-613. Appeals procedure — Right of appeal to hearing officer — Board reconsideration — Judicial review

Terms Used In Utah Code 49-11-613