Section R982-111-300 - Right to Appeal a Denial of Certification(1) An applicant may appeal a denial of certification under Section R982-111-201 by delivering a written appeal to the division.(2) An applicant's appeal under Subsection (1) shall: (a) be signed by the applicant unless: (i) it can be shown the applicant has conveyed, in writing, the authority to another person; or(ii) the applicant is physically or mentally incapable of acting on the applicant's own behalf; and(b) contain the following information: (i) the name, email address, and mailing address of the applicant;(ii) the applicant's social security number or other relevant identification number; and(iii) if applicable, the mailing address, facsimile number, or email address of the applicant's representative.(3) If an applicant provides the correct UtahID username and password when filing the appeal through the department's website, the division shall consider that appeal a signed appeal.(4) An applicant may include in the appeal a statement of the reason for the appeal and any information supporting the appeal.(5)(a) An applicant may: (i) pursue an appeal without the assistance of legal counsel or other representation; or(ii) be represented by legal counsel or another representative at every stage of adjudication.(b) An applicant's failure to obtain legal representation may not be grounds for reconsideration of an order of an ALJ.(6) An attorney licensed in a jurisdiction outside Utah may represent an applicant without being admitted pro hac vice in Utah.(7) If an applicant has a representative, the division shall deliver documents to the representative as directed by the applicant or representative.(8) The division may not reject an appeal because of nonconformance in form or content but may require an amended or substitute appeal meeting the requirements of this section. An applicant must file an amended or substitute appeal within 15 days after notice of the defect from the division.(9) Upon receipt of an appeal, the division shall schedule a hearing before an ALJ and send notice of the hearing as provided in Section R982-111-305.Utah Admin. Code R982-111-300
Adopted by Utah State Bulletin Number 2024-02, effective 1/2/2024