Section R990-300-8 - Procedure for Filing an Appeal to the Board(1) A reporting entity must request an appeal of the division's determination of noncompliance within ten calendar days after the day on which the notice of noncompliance is sent.(2) An appeal of a notice of noncompliance must be in writing and include: (a) the name of the reporting entity filing the appeal and signature of its representative; and(b) the grounds for appeal.(3) In computing the period allowed for filing a timely appeal, the date as it appears on the notice of noncompliance is not included. The last calendar day of the appeal period is included in the computation, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the next business day that is not a Saturday, Sunday, or legal holiday. (a) An appeal may be filed by email, facsimile, or physical delivery, including U.S. Mail, courier service, and hand-delivery. (i) If an appeal is filed by email or facsimile, the date of filing is the date recorded on the email or facsimile.(ii) If an appeal is filed by physical delivery, the date of filing is the date the appeal is received by the division.(b) If an appeal is filed by physical delivery, the filing entity is solely responsible for meeting the deadline. Any delay caused by a delivery service or other physical means will not be considered an acceptable reason for a late filing.(4) Upon receiving a request for an appeal of a notice of noncompliance, the division will coordinate with the organizations identified in Sections 10-9a-408 and 17-27a-408 to designate appeal board representatives and facilitate the appeal board's review of the appeal.(5)(a) A reporting entity requesting an appeal may submit additional supporting materials and written arguments to the appeal board no later than 15 calendar days after the date of the request for an appeal.(i) Supporting materials and written arguments received by the division will be forwarded to the appeal board.(ii) Supporting materials and written arguments received more than 15 calendar days after the date of the request for an appeal will not be considered or forwarded to the appeal board.(b) The appeal board will consider only materials that fall within the 12-month reporting period or that demonstrate whether the reporting entity meets the requirements for an ongoing strategy as described in Sections 10-9a-408 and 17-27a-408.(6)(a) A reporting entity may withdraw a request for appeal by submitting a written request no later than seven days before the date of the first scheduled meeting of the appeal board appointed to consider the appeal.(b) If the request for appeal is withdrawn, the reporting entity must cure any noncompliance within the initial 90-day cure period.Utah Admin. Code R990-300-8
Adopted by Utah State Bulletin Number 2023-17, effective 8/24/2023Amended by Utah State Bulletin Number 2024-15, effective 8/1/2024