Utah Admin. Code 33-17-101.8

Current through Bulletin No. 2024-21, November 1, 2024

Section R33-17-101.8 - Procedures for Conducting an Administrative Review

(1) When conducting an administrative review of a protest officer's decision, a procurement appeals panel:

(a) shall:

(i) Comply with all requirements set forth in Utah Code 63G-6a, Part 17 and this rule:

(ii) Conduct an administrative review of the appeal within 30 days after the day on which the procurement appeals panel is appointed, or before a later agreed to date, unless the appeal is dismissed by the chair of the procurement policy board:

(iii) Consider and decide the appeal based solely on:

(A) Without conducting a hearing:

(I) the notice of appeal; and

(II) the protest appeal record; or

(B) If an informal hearing is held:

(I) responses received during the informal hearing,

(II) the notice of appeal; and

(III) the protest appeal record; and

(iv) Not otherwise take any additional evidence or consider any additional ground for the appeal;

(v) Not consider any claim in the notice of appeal dismissed by the chair of the procurement policy board in consultation with the attorney general's office for noncompliance with Sections 63G-6a-1702(2)(3)(4), or 1703;

(vi) Uphold a protest officer's decision unless the procurement appeals panel determines that the protest officer's decision is arbitrary and capricious or clearly erroneous; and

(vii) Within seven days after the day on which the procurement appeals panel concludes the administrative review:

(A) issue a written decision of the appeal; and

(B) mail, email, or had deliver the written decision on the appeal to the parties to the appeal and to the protest officer; and

(b) May:

(i) Consult with the assistant attorney general assigned to the appeal;

(ii) Conduct the administrative review without conducting a hearing;

(iii) At the sole discretion of the procurement appeals panel, conduct an informal hearing if the procurement appeals panel considers a hearing to be necessary:

(A) ask questions and receive responses during the informal hearing to assist the procurement appeals panel in understanding the basis of the appeal and information contained in the protest appeal record;

(B) not take any additional evidence or consider any additional ground for the appeal; and

(iv) Dismiss an appeal if the appeal does not comply with the requirements of Utah Code 63G-6a.

Utah Admin. Code R33-17-101.8

Adopted by Utah State Bulletin Number 2017-14, effective 6/21/2017