1. (1) When conducting an administrative review of a protest officer's decision, a procurement appeals panel shall:

   1. (a) comply with requirements set forth in Title 63G, Chapter 6a, Part 17, Procurement Appeals Board and this rule;
   2. (b) conduct an administrative review of the appeal within 30 days after the day on which the procurement appeals panel is appointed, or before a later agreed to date, unless the appeal is dismissed by the chair of the procurement policy board;

   3. (c) Consider and decide the appeal based solely on:

      1. (i) without conducting a hearing:

         1. (A) the notice of appeal; and
         2. (B) the protest appeal record; or

      2. (ii) if an informal hearing is held:

         1. (A) responses received during the informal hearing;
         2. (B) the notice of appeal; and
         3. (C) the protest appeal record; and
   4. (d) not otherwise take any additional evidence or consider any additional ground for the appeal;
   5. (e) not consider any claim in the notice of appeal dismissed by the chair of the procurement policy board in consultation with the attorney general's office for noncompliance with Subsection 63G-6a-1702(2)(3)(4), or Section 63G-6a-1703;
   6. (f) uphold a protest officer's decision unless the procurement appeals panel determines that the protest officer's decision is arbitrary and capricious or clearly erroneous; and

   7. (g) within seven days after the day on which the procurement appeals panel concludes the administrative review:

      1. (i) issue a written decision of the appeal; and
      2. (ii) mail, email, or hand deliver the written decision on the appeal to the parties to the appeal and to the protest officer.

2. (2) When conducting an administrative review of a protest officer's decision, a procurement appeals panel may:

   1. (a) consult with the assistant attorney general assigned to the appeal;
   2. (b) conduct the administrative review without conducting a hearing;

   3. (c) at the sole discretion of the procurement appeals panel, conduct an informal hearing if the procurement appeals panel considers a hearing to be necessary:

      1. (i) ask questions and receive responses during the informal hearing to assist the procurement appeals panel in understanding the basis of the appeal and information contained in the protest appeal record;
      2. (ii) not take any additional evidence or consider any additional ground for the appeal; and
   4. (d) dismiss an appeal if the appeal does not comply with the requirements of Title 63G, Chapter 6a, Utah Procurement Code.

KEY: hearings, Procurement Appeals Board, verification of legal authority

Date of Last Change: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 63G-6a-107.7(1); 63G-6a-17