63G-4-402. Judicial review — Informal adjudicative proceedings.
| (1) |
Terms Used In Utah Code 63G-4-402- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Respondent: means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person. See Utah Code 63G-4-103
- 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
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
| (a) |
The district courts have jurisdiction to review by trial de novo all final agency actions resulting from informal adjudicative proceedings, except that the juvenile courts have jurisdiction over all final agency actions relating to:
| (i) |
the removal or placement of children in state custody; |
| (ii) |
the support of children under Subsection (1)(a)(i) as determined administratively under Section 78A-6-356; and |
| (iii) |
supported findings of abuse or neglect made by the Division of Child and Family Services. |
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| (b) |
Venue for judicial review of informal adjudicative proceedings shall be as provided in the statute governing the agency or, in the absence of such a venue provision, in the county where the petitioner resides or maintains the petitioner’s principal place of business. |
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| (2) |
| (a) |
The petition for judicial review of informal adjudicative proceedings shall be a complaint governed by the Utah Rules of Civil Procedure and shall include:
| (i) |
the name and mailing address of the party seeking judicial review; |
| (ii) |
the name and mailing address of the respondent agency; |
| (iii) |
the title and date of the final agency action to be reviewed, together with a copy, summary, or brief description of the agency action; |
| (iv) |
identification of the persons who were parties in the informal adjudicative proceedings that led to the agency action; |
| (v) |
a copy of the written agency order from the informal proceeding; |
| (vi) |
facts demonstrating that the party seeking judicial review is entitled to obtain judicial review; |
| (vii) |
a request for relief, specifying the type and extent of relief requested; and |
| (viii) |
a statement of the reasons why the petitioner is entitled to relief. |
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| (b) |
All additional pleadings and proceedings in the district court are governed by the Utah Rules of Civil Procedure. |
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| (3) |
| (a) |
The court, without a jury, shall determine all questions of fact and law and any constitutional issue presented in the pleadings. |
| (b) |
The Utah Rules of Evidence apply in judicial proceedings under this section. |
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Amended by Chapter 262, 2021 General Session
