Utah Admin. Code 156-15A-210

Current through Bulletin 2024-20, October 15, 2024

Section R156-15A-210 - Compliance with Codes - Appeals

If the Commission is required to act as an appeals board under Subsection 15A-1-207(3)(b), the following shall regulate the convening and conduct of the appeals board:

(1)

(a) The appellant may petition the Commission to act as the appeals board by filing a request for agency action as a formal adjudicative proceeding under Subsection 63G-4-201(3)(a) and Sections R151-4-202 and R151-4-203. A request by other means shall not be considered and shall be returned to the appellant with appropriate instructions.

(b) The appellant shall attach to the request:

(i) a copy of the final written decision of the compliance agency interpreting or applying the code that is the subject of the dispute; or

(ii) if the appellant has requested but has not received a timely final written decision, an affidavit to this effect.

(c) The request shall be filed with the Division no later than 30 days following the issuance of the compliance agency's disputed written decision.

(2) The compliance agency shall file a written response to the request within 20 days after the filing of the request. The request and response shall be provided to the Commission in advance of any hearing to properly frame the disputed issues.

(3) Except for the time period in Subsection (7), the time periods in this section may, upon a showing of good cause, be modified by the presiding officer.

(4) The Commission shall convene as an appeals board within 45 days after a request is properly filed.

(5) Upon the convening of the Commission as an appeals board, the board members shall determine if a member of the board has a conflict of interest that would preclude the member from fairly hearing and deciding the appeal. If the board determines that a conflict does exist, the member may attend the proceeding but may not participate in the proceeding.

(6) The hearing shall be a formal hearing held in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(7) Decisions relating to the application and interpretation of the code by a compliance agency board of appeals:

(a) shall be binding only for the specific individual case; and

(b) do not require Commission approval.

Utah Admin. Code R156-15A-210

Amended by Utah State Bulletin Number 2019-9, effective 4/8/2019

Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022