1. (1)(a) As provided in this rule:

   1. (i) a person may appeal a dismissal of an appeal by the authority chair under Subsection R354 -10-103(5)(b)(ii)(A);

      1. (ii) a person who receives an adverse decision by a Procurement Appeals Panel may appeal that decision; and
      2. (iii) subject to Subsection (2), the CRAU may appeal an adverse decision by a Procurement Appeals Panel;
   2. (b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.

2. (2) The CRAU may not appeal the decision of a Procurement Appeals Panel, unless the appeal is:

   1. (a) recommended by the Procurement Official involved; and
   2. (b) the attorney general's office or outside counsel approved by the attorney general.
3. (3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.

4. (4) The Utah Court of Appeals:

   1. (a) shall consider the appeal as an appellate court;
   2. (b) may not hear the matter as a trial de novo; and
   3. (c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.

5. (5) The Utah Court of Appeals is encouraged to:

   1. (a) give an appeal made under this section priority; and
   2. (b) consider the appeal and render a decision in an expeditious manner.

KEY: courts, court proceedings

Date of Last Change: December 28, 2021

Authorizing, and Implemented or Interpreted Law: 63M-14-206