{"data":{"id":"us-ut/utah-code-63a-5b-1221","jurisdiction":"us-ut","citation":"Utah Code § 63A-5b-1221","heading":"Appeals panel -- Composition -- Procedures.","body":"(1) There is created an appeals panel to resolve disputes between an LEA and the division regarding decisions made under this part.\n(2) The appeals panel shall consist of three members:\n(a) the executive director of the Department of Government Operations, or the executive director's designee, who shall serve as the panel chair;\n(b) the school construction liaison designated under Section 63A-5b-1212; and\n(c) a third member with relevant expertise selected jointly by the members described in Subsections (2)(a) and (b).\n(3) The third panel member described in Subsection (2)(c):\n(a) shall be selected based on expertise relevant to the specific matter under appeal, which may include:\n(i) construction management;\n(ii) architectural or engineering services;\n(iii) building code compliance;\n(iv) cost estimation and project budgeting;\n(v) procurement and contracting; or\n(vi) educational facility planning;\n(b) may not be an employee of the LEA filing the appeal or of the division;\n(c) may not have a financial interest in the outcome of the appeal; and\n(d) shall be selected within 10 business days of the appeal being filed.\n(4) An LEA may appeal the following division decisions to the appeals panel:\n(a) denial or conditional approval of construction permits under Section 63A-5b-1218;\n(b) denial of alternative delivery method requests under Section 63A-5b-1203;\n(c) cost matrix determinations under Subsection 63A-5b-1205(6);\n(d) architect and design professional fee determinations under Section 63A-5b-1204;\n(e) enforcement actions and penalties under Section 63A-5b-1215;\n(f) requirements for division-managed construction services under Subsection 63A-5b-1213(3);\n(g) contractor registry determinations under Section 63A-5b-1216;\n(h) denial of standardized design prototype modifications under Subsection 63A-5b-1204(7);\n(i) plan review determinations under Section 63A-5b-1205;\n(j) inspection and occupancy certificate determinations under Section 63A-5b-1208; and\n(k) any other division decision that substantively affects an LEA's ability to complete a construction project in compliance with this part.\n(5) To file an appeal, an LEA shall:\n(a) submit a written notice of appeal to the division and the executive director of the Department of Government Operations within 30 days of receiving the division's written decision; and\n(b) include in the notice:\n(i) a description of the division's decision being appealed;\n(ii) the specific grounds for the appeal;\n(iii) all relevant documentation supporting the LEA's position;\n(iv) the relief requested; and\n(v) whether the LEA requests an expedited review due to project timeline constraints.\n(6) Upon receiving a notice of appeal:\n(a) the division shall provide the division's written response within 15 business days, including:\n(i) the basis for the challenged decision;\n(ii) all documentation supporting the division's position; and\n(iii) any proposed resolution;\n(b) the appeals panel shall convene within 30 days of receiving the division's response, or within 15 days if expedited review is requested and granted;\n(c) the panel shall provide both parties opportunity to present evidence and argument; and\n(d) the panel may request additional information from either party or from independent experts.\n(7) The appeals panel shall:\n(a) conduct proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to the extent applicable;\n(b) issue a written decision within:\n(i) 45 days of the initial appeal filing for standard reviews; or\n(ii) 20 days of the initial appeal filing for expedited reviews;\n(c) include in the written decision:\n(i) findings of fact;\n(ii) conclusions regarding compliance with applicable statutes and rules;\n(iii) the rationale for the decision; and\n(iv) any conditions or requirements for implementation;\n(d) provide the decision to the LEA, the division, and the state board; and\n(e) publish anonymized summaries of decisions to provide guidance for future cases.\n(8) The appeals panel may:\n(a) affirm the division's decision;\n(b) reverse the division's decision and direct specific action;\n(c) modify the division's decision with conditions;\n(d) remand the matter to the division for further consideration with specific direction; or\n(e) extend timelines for good cause shown by either party.\n(9) The appeals panel's decision:\n(a) is final and binding on both the LEA and the division;\n(b) may only be challenged through judicial review under Section 63G-4-401; and\n(c) does not prevent either party from seeking emergency relief through the courts if immediate and irreparable harm would result from delay.\n(10) During the pendency of an appeal:\n(a) the division may not take additional enforcement action related to the subject of the appeal unless necessary to address imminent safety concerns;\n(b) construction timelines and permit expiration dates shall be tolled;\n(c) the LEA may proceed with construction if the division grants a stay pending appeal; and\n(d) the panel may issue interim orders to preserve the status quo or prevent irreparable harm.\n(11) For appeals involving highly technical or specialized issues:\n(a) the panel may retain independent experts to provide technical analysis;\n(b) costs of expert review shall be shared equally by the LEA and the division unless the panel determines otherwise based on the outcome; and\n(c) expert reports shall be provided to both parties for review and response before the panel issues the panel's decision.","path":["Title 63A Utah Government Operations Code","Chapter 63A-5b Administration of State Facilities","Part 63A-5b-12 Public School Construction Oversight"],"source_url":"https://le.utah.gov/xcode/Title63A/Chapter5b/63A-5b-S1221.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"dd008d6056afd93f9507c0093523714555bfe1990967fbadfe7501431fe1af0e","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63a-5b-1220","next":"us-ut/utah-code-63a-5b-1222"},"notice":"GroundRules: Original legal text. Not legal advice."}