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2021 Utah Code
Title 63G - General Government
Chapter 6a - Utah Procurement Code
Part 18 - Appeals to Court and Court Proceedings
Section 1802 - Appeal to Utah Court of Appeals.
Universal Citation: UT Code § 63G-6a-1802 (2021)
Effective 5/9/2017
63G-6a-1802. Appeal to Utah Court of Appeals.
Amended by Chapter 348, 2017 General Session
63G-6a-1802. Appeal to Utah Court of Appeals.
- (1)
- (a) As provided in this part:
- (i) a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A);
- (ii) a person who receives an adverse decision by a procurement appeals panel may appeal that decision;
- (iii) subject to Subsection (2), a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may appeal an adverse decision by a procurement appeals panel; and
- (iv) a person who receives an adverse decision in a protest relating to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district may appeal that decision.
- (b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.
- (a) As provided in this part:
- (2) A procurement unit may not appeal the decision of a procurement appeals panel, unless the appeal is:
- (a) recommended by the protest officer involved; and
- (b) except for a procurement unit that is not represented by the attorney general's office, approved by the attorney general.
- (3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.
- (4) The Utah Court of Appeals:
- (a) shall consider the appeal as an appellate court;
- (b) may not hear the matter as a trial de novo; and
- (c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.
- (5) The Utah Court of Appeals is encouraged to:
- (a) give an appeal made under this section priority; and
- (b) consider the appeal and render a decision in an expeditious manner.
Amended by Chapter 348, 2017 General Session
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