1. (1) The executive director shall review a request for reconsideration.

2. (2) The executive director has the discretion to do any of the following:

   1. (a) request additional information or evidence;
   2. (b) consider and decide any issue in the case even if it was not presented at the hearing or raised in the request for reconsideration;
   3. (c) remand the case to the department or the ALJ; and

   4. (d) summarily dismiss:

      1. (i) a request submitted untimely under Subsection R982-111-400(2); or
      2. (ii) a request that does not state adequate grounds or specify alleged errors in the decision of the ALJ under Subsections R982-111-400(1) and R982-111-400(4)(c).

3. (3)(a) The executive director shall respond to a request for reconsideration within 20 days after the date the request was received by the division and shall:

   1. (i) issue a final written order granting, denying, or summarily dismissing the request; or

      1. (ii) send a written notice to the parties that the matter is under review.
   2. (b) If the executive director notifies the parties that the request is under review under Subsection (3)(a)(ii), the executive director shall issue a final order within 90 days of the notice.
   3. (c) If the executive director fails to issue a notice within the 20-day period in Subsection (3)(a) or a final order within the 90-day period in Subsection (3)(b), the lack of action on the request is the same as a denial.
4. (4) The executive director's final order shall include an explanation of the right to judicial review under Section R982-111-500.
5. (5) The division shall deliver a final order to the parties.

KEY: adoption tax credit, appeal procedures

Date of Enactment: January 2, 2024

Authorizing, and Implemented or Interpreted Law: 35A-1-111