Utah Code: Judicial Review of Administrative Agency Actions, Slides of Remedies

Download Utah Code: Judicial Review of Administrative Agency Actions and more Slides Remedies in PDF only on Docsity! Utah Code Page 1 Part 4 Judicial Review 63G-4-401 Judicial review -- Exhaustion of administrative remedies. (1) A party aggrieved may obtain judicial review of final agency action, except in actions where judicial review is expressly prohibited by statute. (2) A party may seek judicial review only after exhausting all administrative remedies available, except that: (a) a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required; (b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if: (i) the administrative remedies are inadequate; or (ii) exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion. (3) (a) A party shall file a petition for judicial review of final agency action within 30 days after the date that the order constituting the final agency action is issued or is considered to have been issued under Subsection 63G-4-302(3)(b). (b) The petition shall name the agency and all other appropriate parties as respondents and shall meet the form requirements specified in this chapter. Renumbered and Amended by Chapter 382, 2008 General Session 63G-4-402 Judicial review -- Informal adjudicative proceedings. (1) (a) The district courts have jurisdiction to review by trial de novo all final agency actions resulting from informal adjudicative proceedings, except that the juvenile courts have jurisdiction over all final agency actions relating to: (i) the removal or placement of children in state custody; (ii) the support of children under Subsection (1)(a)(i) as determined administratively under Section 78A-6-356; and (iii) supported findings of abuse or neglect made by the Division of Child and Family Services. (b) Venue for judicial review of informal adjudicative proceedings shall be as provided in the statute governing the agency or, in the absence of such a venue provision, in the county where the petitioner resides or maintains the petitioner's principal place of business. (2) (a) The petition for judicial review of informal adjudicative proceedings shall be a complaint governed by the Utah Rules of Civil Procedure and shall include: (i) the name and mailing address of the party seeking judicial review; (ii) the name and mailing address of the respondent agency; (iii) the title and date of the final agency action to be reviewed, together with a copy, summary, or brief description of the agency action; (iv) identification of the persons who were parties in the informal adjudicative proceedings that led to the agency action; (v) a copy of the written agency order from the informal proceeding; (vi) facts demonstrating that the party seeking judicial review is entitled to obtain judicial review; Utah Code Page 2 (vii) a request for relief, specifying the type and extent of relief requested; and (viii) a statement of the reasons why the petitioner is entitled to relief. (b) All additional pleadings and proceedings in the district court are governed by the Utah Rules of Civil Procedure. (3) (a) The court, without a jury, shall determine all questions of fact and law and any constitutional issue presented in the pleadings. (b) The Utah Rules of Evidence apply in judicial proceedings under this section. Amended by Chapter 262, 2021 General Session 63G-4-403 Judicial review -- Formal adjudicative proceedings. (1) As provided by statute, the Supreme Court or the Court of Appeals has jurisdiction to review all final agency action resulting from formal adjudicative proceedings. (2) (a) To seek judicial review of final agency action resulting from formal adjudicative proceedings, the petitioner shall file a petition for review of agency action with the appropriate appellate court in the form required by the appellate rules of the appropriate appellate court. (b) The appellate rules of the appropriate appellate court shall govern all additional filings and proceedings in the appellate court. (3) The contents, transmittal, and filing of the agency's record for judicial review of formal adjudicative proceedings are governed by the Utah Rules of Appellate Procedure, except that: (a) all parties to the review proceedings may stipulate to shorten, summarize, or organize the record; (b) the appellate court may tax the cost of preparing transcripts and copies for the record: (i) against a party who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or (ii) according to any other provision of law. (4) The appellate court shall grant relief only if, on the basis of the agency's record, it determines that a person seeking judicial review has been substantially prejudiced by any of the following: (a) the agency action, or the statute or rule on which the agency action is based, is unconstitutional on its face or as applied; (b) the agency has acted beyond the jurisdiction conferred by any statute; (c) the agency has not decided all of the issues requiring resolution; (d) the agency has erroneously interpreted or applied the law; (e) the agency has engaged in an unlawful procedure or decision-making process, or has failed to follow prescribed procedure; (f) the persons taking the agency action were illegally constituted as a decision-making body or were subject to disqualification; (g) the agency action is based upon a determination of fact, made or implied by the agency, that is not supported by substantial evidence when viewed in light of the whole record before the court; (h) the agency action is: (i) an abuse of the discretion delegated to the agency by statute; (ii) contrary to a rule of the agency; (iii) contrary to the agency's prior practice, unless the agency justifies the inconsistency by giving facts and reasons that demonstrate a fair and rational basis for the inconsistency; or (iv) otherwise arbitrary or capricious.