Section R33-117-101.8 - Procedures for Conducting an Administrative Review(1) When conducting an administrative review of a protest officer's decision, a procurement appeals panel shall: (a) comply with requirements set forth in Title 63G, Chapter 6a, Part 17, Procurement Appeals Board and this rule;(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;(c) Consider and decide the appeal based solely on: (i) without conducting a hearing: (A) the notice of appeal; and(B) the protest appeal record; or (ii) if an informal hearing is held:(A) responses received during the informal hearing;(B) the notice of appeal; and(C) the protest appeal record; and(d) not otherwise take any additional evidence or consider any additional ground for the appeal;(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;(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(g) within seven days after the day on which the procurement appeals panel concludes the administrative review: (i) issue a written decision of the appeal; and(ii) mail, email, or hand deliver the written decision on the appeal to the parties to the appeal and to the protest officer.(2) When conducting an administrative review of a protest officer's decision, a procurement appeals panel may: (a) consult with the assistant attorney general assigned to the appeal;(b) conduct the administrative review without conducting a hearing;(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:(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;(ii) not take any additional evidence or consider any additional ground for the appeal; and(d) dismiss an appeal if the appeal does not comply with the requirements of Title 63G, Chapter 6a, Utah Procurement Code.Utah Admin. Code R33-117-101.8
Adopted by Utah State Bulletin Number 2024-15, effective 7/9/2024, exp. 11/6/2024 (Emergency)Adopted by Utah State Bulletin Number 2024-21, effective 10/22/2024