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2023 Utah Code
Title 63G - General Government
Chapter 4 - Administrative Procedures Act
Part 4 - Judicial Review
Section 401 - Judicial review -- Exhaustion of administrative remedies.
Universal Citation: UT Code § 63G-4-401 (2023)
Effective 5/3/2023
63G-4-401. Judicial review -- Exhaustion of administrative remedies -- Petition for judicial review.
Amended by Chapter 433, 2023 General Session
63G-4-401. Judicial review -- Exhaustion of administrative remedies -- Petition for judicial review.
- (1) A party aggrieved may obtain judicial review of final agency action, except in actions where judicial review is expressly prohibited by statute.
- (2) A party may seek judicial review only after exhausting all administrative remedies available, except that:
- (a) a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required;
- (b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if:
- (i) the administrative remedies are inadequate; or
- (ii) exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.
- (3)
- (a) Except as provided in Subsection (3)(c), a party shall file a petition for judicial review of final agency action within 30 days after the day on which the order:
- (i) constituting the final agency action is issued; or
- (ii) is considered to have been issued under Subsection 63G-4-302(3)(b).
- (b) The petition shall:
- (i) name the agency and all other appropriate parties as respondents; and
- (ii) meet the form requirements specified in this chapter.
- (c) If a party files a petition for judicial review of a final agency action resulting from a formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a), any other party to the action may file a petition for judicial review if the petition is filed within the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate Procedure.
- (a) Except as provided in Subsection (3)(c), a party shall file a petition for judicial review of final agency action within 30 days after the day on which the order:
Amended by Chapter 433, 2023 General Session
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