63G-4-102 - Scope and applicability of chapter.
63G-4-102. Scope and applicability of chapter.
(1) Except as set forth in Subsection (2), and except as otherwise provided by a statutesuperseding provisions of this chapter by explicit reference to this chapter, the provisions of thischapter apply to every agency of the state and govern:
(a) state agency action that determines the legal rights, duties, privileges, immunities, orother legal interests of an identifiable person, including agency action to grant, deny, revoke,suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of the action.
(2) This chapter does not govern:
(a) the procedure for making agency rules, or judicial review of the procedure or rules;
(b) the issuance of a notice of a deficiency in the payment of a tax, the decision to waivea penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the issuance ofa tax assessment, except that this chapter governs an agency action commenced by a taxpayer orby another person authorized by law to contest the validity or correctness of the action;
(c) state agency action relating to extradition, to the granting of a pardon or parole, acommutation or termination of a sentence, or to the rescission, termination, or revocation ofparole or probation, to the discipline of, resolution of a grievance of, supervision of, confinementof, or the treatment of an inmate or resident of a correctional facility, the Utah State Hospital, theUtah State Developmental Center, or a person in the custody or jurisdiction of the Division ofSubstance Abuse and Mental Health, or a person on probation or parole, or judicial review of theaction;
(d) state agency action to evaluate, discipline, employ, transfer, reassign, or promote astudent or teacher in a school or educational institution, or judicial review of the action;
(e) an application for employment and internal personnel action within an agencyconcerning its own employees, or judicial review of the action;
(f) the issuance of a citation or assessment under Title 34A, Chapter 6, UtahOccupational Safety and Health Act, and Title 58, Chapter 3a, Architects Licensing Act, Chapter11a, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act,Chapter 17b, Pharmacy Practice Act, Chapter 22, Professional Engineers and Professional LandSurveyors Licensing Act, Chapter 53, Landscape Architects Licensing Act, Chapter 55, UtahConstruction Trades Licensing Act, Chapter 63, Security Personnel Licensing Act, and Chapter76, Professional Geologist Licensing Act, except that this chapter governs an agency actioncommenced by the employer, licensee, or other person authorized by law to contest the validityor correctness of the citation or assessment;
(g) state agency action relating to management of state funds, the management anddisposal of school and institutional trust land assets, and contracts for the purchase or sale ofproducts, real property, supplies, goods, or services by or for the state, or by or for an agency ofthe state, except as provided in those contracts, or judicial review of the action;
(h) state agency action under Title 7, Chapter 1, Article 3, Powers and Duties ofCommissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository Institutionby Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository Institutions or HoldingCompanies, and Title 63G, Chapter 7, Governmental Immunity Act of Utah, or judicial review ofthe action;
(i) the initial determination of a person's eligibility for unemployment benefits, the initialdetermination of a person's eligibility for benefits under Title 34A, Chapter 2, Workers'
Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initialdetermination of a person's unemployment tax liability;
(j) state agency action relating to the distribution or award of a monetary grant to orbetween governmental units, or for research, development, or the arts, or judicial review of theaction;
(k) the issuance of a notice of violation or order under Title 26, Chapter 8a, UtahEmergency Medical Services System Act, Title 19, Chapter 2, Air Conservation Act, Title 19,Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act, Title 19,Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, Title19, Chapter 6, Part 4, Underground Storage Tank Act, or Title 19, Chapter 6, Part 7, Used OilManagement Act, or Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, except that thischapter governs an agency action commenced by a person authorized by law to contest thevalidity or correctness of the notice or order;
(l) state agency action, to the extent required by federal statute or regulation, to beconducted according to federal procedures;
(m) the initial determination of a person's eligibility for government or public assistancebenefits;
(n) state agency action relating to wildlife licenses, permits, tags, and certificates ofregistration;
(o) a license for use of state recreational facilities;
(p) state agency action under Title 63G, Chapter 2, Government Records Access andManagement Act, except as provided in Section 63G-2-603;
(q) state agency action relating to the collection of water commissioner fees anddelinquency penalties, or judicial review of the action;
(r) state agency action relating to the installation, maintenance, and repair of headgates,caps, values, or other water controlling works and weirs, flumes, meters, or other watermeasuring devices, or judicial review of the action;
(s) the issuance and enforcement of an initial order under Section 73-2-25;
(t) (i) a hearing conducted by the Division of Securities under Section 61-1-11.1; and
(ii) an action taken by the Division of Securities pursuant to a hearing conducted underSection 61-1-11.1, including a determination regarding the fairness of an issuance or exchange ofsecurities described in Subsection 61-1-11.1(1); and
(u) state agency action relating to water well driller licenses, water well drilling permits,water well driller registration, or water well drilling construction standards, or judicial review ofthe action.
(3) This chapter does not affect a legal remedy otherwise available to:
(a) compel an agency to take action; or
(b) challenge an agency's rule.
(4) This chapter does not preclude an agency, prior to the beginning of an adjudicativeproceeding, or the presiding officer during an adjudicative proceeding from:
(a) requesting or ordering a conference with parties and interested persons to:
(i) encourage settlement;
(ii) clarify the issues;
(iii) simplify the evidence;
(iv) facilitate discovery; or
(v) expedite the proceeding; or
(b) granting a timely motion to dismiss or for summary judgment if the requirements ofRule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving party, exceptto the extent that the requirements of those rules are modified by this chapter.
(5) (a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by thischapter, except as explicitly provided in that section.
(b) Judicial review of a declaratory proceeding authorized by Section 63G-4-503 isgoverned by this chapter.
(6) This chapter does not preclude an agency from enacting a rule affecting or governingan adjudicative proceeding or from following the rule, if the rule is enacted according to theprocedures outlined in Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and if therule conforms to the requirements of this chapter.
(7) (a) If the attorney general issues a written determination that a provision of thischapter would result in the denial of funds or services to an agency of the state from the federalgovernment, the applicability of the provision to that agency shall be suspended to the extentnecessary to prevent the denial.
(b) The attorney general shall report the suspension to the Legislature at its next session.
(8) Nothing in this chapter may be interpreted to provide an independent basis forjurisdiction to review final agency action.
(9) Nothing in this chapter may be interpreted to restrict a presiding officer, for goodcause shown, from lengthening or shortening a time period prescribed in this chapter, except thetime period established for judicial review.
Renumbered and Amended by Chapter 382, 2008 General Session