1. (1) A person seeking review of a Board action not covered by UAPA shall submit a written request for review of agency action to the secretary of the Board in the same manner provided in Subsection R277-102-3(3).

2. (2) The agency head shall review the request for agency action in a timely manner and notify the requesting party within 30 days in writing:

   1. (a) if the request is insufficient or untimely, that the request for review is denied; or
   2. (b) if the request is sufficient and timely, that the Board will review the matter and which method the Board will use to conduct the review and make a final determination.

3. (3)(a) If a hearing is not expressly required by law, the Board may review a request for agency action under this Section R277-102-4 through a documentary review, including consideration of written information submitted by each of the parties.

   1. (b) If the Board conducts a documentary review:

      1. (i) the agency head will establish deadlines for document submission; and
      2. (ii) the full Board will consider all documents submitted and issue a final administrative determination within 90 days of the request for agency action.
4. (4) If a hearing is expressly provided for by law or the agency head determines the matter will best be determined by a hearing, the agency head shall provide for an informal adjudicative proceeding as outlined in Section R277-102-3, except that provisions for reconsideration do not apply under this Section R277-102-4.
5. (5) In a request under this Section R277-102-4, a party may be found in default by the Board consistent with deadlines set by the agency head or the presiding officer.

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