2016 Utah Code
Title 63G - General Government
Chapter 4 - Administrative Procedures Act
Part 4 - Judicial Review
Section 403 - Judicial review -- Formal adjudicative proceedings.

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.

Renumbered and Amended by Chapter 382, 2008 General Session