Section 601 – Electronic records and conversion of written records by governmental agencies.
63G-4-601. Electronic records and conversion of written records by governmental agencies. A governmental agency may make rules regarding electronic records and conversion of written records as prescribed by Title 46, Chapter 4, Part 5, Electronic Records in Government Agencies. Renumbered and Amended by Chapter 382, 2008 General Session
Section 404 – Judicial review — Type of relief.
63G-4-404. Judicial review — Type of relief. (1) (a) In either the review of informal adjudicative proceedings by the district court or the review of formal adjudicative proceedings by an appellate court, the court may award damages or compensation only to the extent expressly authorized by statute. (b) In granting relief, the court may: (i) […]
Section 405 – Judicial review — Stay and other temporary remedies pending final disposition.
63G-4-405. Judicial review — Stay and other temporary remedies pending final disposition. (1) Unless precluded by another statute, the agency may grant a stay of its order or other temporary remedy during the pendency of judicial review, according to the agency’s rules. (2) Parties shall petition the agency for a stay or other temporary remedies […]
Section 501 – Civil enforcement.
63G-4-501. Civil enforcement. (1) (a) In addition to other remedies provided by law, an agency may seek enforcement of an order by seeking civil enforcement in the district courts. (b) The action seeking civil enforcement of an agency’s order must name, as defendants, each alleged violator against whom the agency seeks to obtain civil enforcement. […]
Section 502 – Emergency adjudicative proceedings.
63G-4-502. Emergency adjudicative proceedings. (1) An agency may issue an order on an emergency basis without complying with the requirements of this chapter if: (a) the facts known by the agency or presented to the agency show that an immediate and significant danger to the public health, safety, or welfare exists; and (b) the threat […]
Section 503 – Declaratory orders.
63G-4-503. Declaratory orders. (1) Any person may file a request for agency action, requesting that the agency issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances. (2) Each agency shall issue rules that: (a) provide for the form, contents, and filing […]
Section 301 – Agency review — Procedure.
63G-4-301. Agency review — Procedure. (1) (a) If a statute or the agency’s rules permit parties to any adjudicative proceeding to seek review of an order by the agency or by a superior agency, the aggrieved party may file a written request for review within 30 days after the issuance of the order with the […]
Section 302 – Agency review — Reconsideration.
63G-4-302. Agency review — Reconsideration. (1) (a) Within 20 days after the date that an order is issued for which review by the agency or by a superior agency under Section 63G-4-301 is unavailable, and if the order would otherwise constitute final agency action, any party may file a written request for reconsideration with the […]
Section 401 – Judicial review — Exhaustion of administrative remedies.
63G-4-401. Judicial review — Exhaustion of administrative remedies. (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 […]
Section 402 – Judicial review — Informal adjudicative proceedings.
Effective 9/1/2021 63G-4-402. Judicial review — Informal adjudicative proceedings. (1) (a) The district courts have jurisdiction to review by trial de novo all final agency actions resulting from informal adjudicative proceedings, except that the juvenile courts have jurisdiction over all final agency actions relating to: (i) the removal or placement of children in state custody; […]