Section R907-1-5 - Commencement By a Member of the Public - Complete or Partial Denials of Applications or Requests for Agency Action, Requests for Agency Review - Default(1) A public member may begin an agency action by filing a Request for Agency Review with the Department.(2) If the Department denies an application or Request for Agency Action entirely or in part, and that action is subject to agency review, the region, division, or office issuing the denial will send the applicant a written denial notice as promptly as possible. The denial notice will summarize the reasons for the decision and list the statutes or rules the division or office interpreted or relied upon as authority for it, along with the Department's file or reference number. The Department's denial notice will advise the applicant of their right to request agency action seeking review by filing a written request with the initiating region, division, or office within 30 days after the Department issues the denial notice. In addition, the denial notice will inform the applicant that the written request for review must include any supporting documents, including legal memoranda, that the Department should consider. Finally, the denial notice will constitute the proposed order of the division or office making the decision and must so indicate. If there is no request for agency action seeking review within 30 days, the denial notice will become the Department's Final Order.(3) The Department will evaluate a Request for agency action seeking review to determine if it meets Subsection 63G-4-301(1) requirements. The request must include the requester's signature, state the grounds for the request, the relief sought, and state the date the requester mailed or delivered the request. A Request for Agency Review should also indicate HEARING REQUESTED on the first page of the request if the applicant wants the Department to schedule a hearing. The Department will return the request to the requester if it does not meet the statutory requirements, the requirements of this rule, or is untimely. The Department must explain the reason for the return.(4) If the request meets the requirements and is timely, the region, division, or office will promptly forward the material and a copy of any relevant material in its files to the Presiding Officer.(5) Within 30 business days after receipt of a Request for Agency Review, a party, including the region, division, or office that issued the challenged decision, may submit additional documentation, which may include legal briefs, to the Presiding Officer. The Presiding Officer may grant a party a reasonable extension of time. The Presiding Officer will issue a written decision after the parties submit their responses. The Presiding Officer may meet with the parties if needed. This meeting is not a hearing as contemplated under the Administrative Procedures Act, Title 63G, Chapter 4.(6) Absent filing a timely Request for Agency Review, the Department will issue an order that the Respondent is in default. If the defaulting party is the sole Respondent, the Presiding Officer will dismiss the Request for Agency Action. The Department will provide a copy of the Default Order and the dismissal order to the person who requested the action.(7) If the defaulting party is not the sole requester, the initiating division, office, or the Presiding Officer will mail the Default Order to every party. The adjudicative proceeding may continue, and the Presiding Officer may determine every issue in the proceeding, including those affecting the defaulting party.(8) A defaulting party may seek agency review of a Default Order by sending the Presiding Officer a Request for Agency Review. If the Presiding Officer issued the Default Order, the defaulting party might seek reconsideration of the Default Order according to Section R907-1-8. The sole issue for the Presiding Officer to decide is whether entering default was appropriate.Utah Admin. Code R907-1-5
Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022