63G-4-401. Judicial review — Exhaustion of administrative remedies — Petition for judicial review.
| (1) |
A party aggrieved may obtain judicial review of final agency action, except in actions where judicial review is expressly prohibited by statute. |
Terms Used In Utah Code 63G-4-401
- Adjudicative proceeding: means an agency action or proceeding described in Section 63G-4-102. See Utah Code 63G-4-103
- Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
- Statute: A law passed by a legislature.
| (2) |
A party may seek judicial review only after exhausting all administrative remedies available, except that:
| (a) |
a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required; |
| (b) |
the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if:
| (i) |
the administrative remedies are inadequate; or |
| (ii) |
exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion. |
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| (3) |
| (a) |
Except as provided in Subsection (3)(c), a party shall file a petition for judicial review of final agency action within 30 days after the day on which the order:
| (i) |
constituting the final agency action is issued; or |
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| (b) |
The petition shall:
| (i) |
name the agency and all other appropriate parties as respondents; and |
| (ii) |
meet the form requirements specified in this chapter. |
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| (c) |
If a party files a petition for judicial review of a final agency action resulting from a formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a), any other party to the action may file a petition for judicial review if the petition is filed within the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate Procedure. |
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Amended by Chapter 433, 2023 General Session
