Utah Code 53C-1-304. Rules to ensure procedural due process — Board review of director action

(1)	The board shall make rules to ensure procedural due process in the resolution of complaints concerning actions by the board, director, or the administration.

Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Uphold: The decision of an appellate court not to reverse a lower court decision.

(2)

(a)	Except as provided in Subsection (2)(b), an aggrieved party to a final action by the director or the administration may petition the board for administrative review of the decision.

(b)	Final actions by the director or administration to lease, sell, or exchange specific real property or other trust assets are not subject to administrative review.

(3)

(a)	The board may appoint a qualified hearing examiner for purposes of taking evidence and making recommendations for board action.

(b)	The board shall consider the recommendations of the examiner in making decisions.

(4)

(a)	The board shall uphold the decision of the director or the administration unless it finds, by a preponderance of the evidence, that the decision violated applicable law, policy, or rules.

(b)	The board shall base its final actions on findings and conclusions and shall inform the aggrieved party of its right to judicial review.

(5)	An aggrieved party to a final action by the board may obtain judicial review of that action under Sections 63G-4-402 and 63G-4-403.

Amended by Chapter 247, 2011 General Session

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