(1) After a timely protest is filed in accordance with Section 63G-6a-1602, the protest officer:

1. (a) shall consider the protest; and
2. (b) may hold a hearing on the protest.

(2)

1. (a) The protest officer may:

   1. (i) subpoena witnesses and compel their attendance at a protest hearing; or
   2. (ii) subpoena documents for production at a protest hearing.
2. (b) The Rules of Evidence do not apply to a protest hearing.

3. (c) The applicable rulemaking authority shall make rules relating to intervention in a protest, including designating:

   1. (i) who may intervene; and
   2. (ii) the time and manner of intervention.

4. (d) If a hearing on a protest is held under this section, the protest officer shall:

   1. (i) record the hearing;
   2. (ii) preserve all evidence presented at the hearing; and
   3. (iii) preserve all records and other evidence relied upon in reaching the written decision described in this section.
5. (e) Regardless of whether a hearing on a protest is held under this section, the protest officer shall preserve all records and other evidence relied upon in reaching the written decision.
6. (f) The records described in Subsections (2)(d) and (e) may not be destroyed until the decision, and any appeal of the decision, becomes final.
7. (g) A protest officer who holds a hearing, considers a protest, or issues a written decision under this section does not waive the right to, at a later date, question or challenge the protest officer's jurisdiction to hold the hearing, consider the protest, or render the decision.

(4)

1. (a) A decision described in this section is effective until stayed or reversed on appeal, except to the extent provided in Section 63G-6a-1903. A person who issues a decision described in Subsection (1) shall mail, email, or otherwise immediately furnish a copy of the decision to the protestor, prospective contractor, or contractor.

2. (b) A decision described in Subsection (4)(a) that is issued in relation to a procurement unit other than a legislative procurement unit or a judicial procurement unit shall be final and conclusive unless the protestor, prospective contractor, or contractor:

   1. (i) for a controversy described in Section 63G-6a-1905, commences an action in district court in accordance with Subsection 63G-6a-1802(5);
   2. (ii) for a controversy related to a solicitation or the award of a contract, files an appeal under Section 63G-6a-1702; or
   3. (iii) for a debarment or suspension, files an appeal under Section 63G-6a-1702.

3. (c) A decision described in Subsection (4)(a) that is issued in relation to a legislative procurement unit or a judicial procurement unit shall be final and conclusive unless the protestor, prospective contractor, or contractor:

   1. (i) for a controversy described in Section 63G-6a-1905, commences an action in district court in accordance with Subsection 63G-6a-1802(5);
   2. (ii) for a controversy related to a solicitation or the award of a contract, files an appeal under Subsection 63G-6a-1802(1)(b); or
   3. (iii) for a debarment or suspension, files an appeal under Subsection 63G-6a-1802(1)(b).