2006 Utah Code - 34A-2-801 — Initiating adjudicative proceedings -- Procedure for review of administrative action.

     34A-2-801.   Initiating adjudicative proceedings -- Procedure for review of administrative action.
     (1) (a) To contest an action of the employee's employer or its insurance carrier concerning a compensable industrial accident or occupational disease alleged by the employee, any of the following shall file an application for hearing with the Division of Adjudication:
     (i) the employee; or
     (ii) a representative of the employee, the qualifications of whom are defined in rule by the commission.
     (b) To appeal the imposition of a penalty or other administrative act imposed by the division on the employer or its insurance carrier for failure to comply with this chapter or Chapter 3, Utah Occupational Disease Act, any of the following shall file an application for hearing with the Division of Adjudication:
     (i) the employer;
     (ii) the insurance carrier; or
     (iii) a representative of either the employer or the insurance carrier, the qualifications of whom are defined in rule by the commission.
     (c) A person providing goods or services described in Subsections 34A-2-407(12) and 34A-3-108(12) may file an application for hearing in accordance with Section 34A-2-407 or 34A-3-108.
     (d) An attorney may file an application for hearing in accordance with Section 34A-1-309.
     (2) Unless a party in interest appeals the decision of an administrative law judge in accordance with Subsection (3), the decision of an administrative law judge on an application for hearing filed under Subsection (1) is a final order of the commission 30 days after the date the decision is issued.
     (3) (a) A party in interest may appeal the decision of an administrative law judge by filing a motion for review with the Division of Adjudication within 30 days of the date the decision is issued.
     (b) Unless a party in interest to the appeal requests under Subsection (3)(c) that the appeal be heard by the Appeals Board, the commissioner shall hear the review.
     (c) A party in interest may request that an appeal be heard by the Appeals Board by filing the request with the Division of Adjudication:
     (i) as part of the motion for review; or
     (ii) if requested by a party in interest who did not file a motion for review, within 20 days of the date the motion for review is filed with the Division of Adjudication.
     (d) A case appealed to the Appeals Board shall be decided by the majority vote of the Appeals Board.
     (4) All records on appeals shall be maintained by the Division of Adjudication. Those records shall include an appeal docket showing the receipt and disposition of the appeals on review.
     (5) Upon appeal, the commissioner or Appeals Board shall make its decision in accordance with Section 34A-1-303.
     (6) The commissioner or Appeals Board shall promptly notify the parties to any proceedings before it of its decision, including its findings and conclusions.
     (7) The decision of the commissioner or Appeals Board is final unless within 30 days

after the date the decision is issued further appeal is initiated under the provisions of this section or Title 63, Chapter 46b, Administrative Procedures Act.
     (8) (a) Within 30 days after the date the decision of the commissioner or Appeals Board is issued, any aggrieved party may secure judicial review by commencing an action in the court of appeals against the commissioner or Appeals Board for the review of the decision of the commissioner or Appeals Board.
     (b) In an action filed under Subsection (8)(a):
     (i) any other party to the proceeding before the commissioner or Appeals Board shall be made a party; and
     (ii) the commission shall be made a party.
     (c) A party claiming to be aggrieved may seek judicial review only if the party has exhausted the party's remedies before the commission as provided by this section.
     (d) At the request of the court of appeals, the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with the decision of the commissioner or Appeals Board.

Amended by Chapter 295, 2006 General Session