(1) This rule is authorized by:
- (a) Utah Constitution Article X, Section 3, which vests the general control and supervision of public education in the Board;
- (b) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its duties and responsibilities under the Utah Constitution and state law; and
- (c) Subsection 63G-4-102(6) which allows agencies to make rules regarding adjudicative proceedings in matters subject to UAPA.
(2) The purpose of this rule is:
- (a) to specify how to conduct adjudicative proceedings in matters subject to UAPA;
- (b) to provide for review of Board actions where no opportunity for administrative review is provided by law and where there is a compelling reason for administrative review to fully and fairly facilitate the Board's decision-making process; and
- (c) to identify procedures the Board may apply when administrative review of a Board action is provided for by a law other than UAPA and the applicable law fails to identify procedures to be followed for the administrative review.
- (3) This rule does not apply to actions for which separate adjudicative procedures are specifically provided for in statute, rule, or negotiated agreement.
- (4) Nothing in this rule creates an independent basis for or requirement that the Board review a final Board action.
KEY: administrative procedures, rules and procedures
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: 63G-4; 53E-3-401(4); Art X Sec 3