34A-1-303 - Review of administrative decision.
34A-1-303. Review of administrative decision.
(1) A decision entered by an administrative law judge under this title is the final order ofthe commission unless a further appeal is initiated:
(a) under this title; and
(b) in accordance with the rules of the commission governing the review.
(2) (a) Unless otherwise provided, a person who is entitled to appeal a decision of anadministrative law judge under this title may appeal the decision by filing a motion for reviewwith the Division of Adjudication.
(b) (i) Unless a party in interest to the appeal requests in accordance with Subsection (3)that the appeal be heard by the Appeals Board, the commissioner shall hear the review inaccordance with Title 63G, Chapter 4, Administrative Procedures Act.
(ii) A decision of the commissioner is a final order of the commission unless set aside bythe court of appeals.
(c) (i) If in accordance with Subsection (3) a party in interest to the appeal requests thatthe appeal be heard by the Appeals Board, the Appeals Board shall hear the review in accordancewith:
(A) Section 34A-1-205; and
(B) Title 63G, Chapter 4, Administrative Procedures Act.
(ii) A decision of the Appeals Board is a final order of the commission unless set asideby the court of appeals.
(3) A party in interest may request that an appeal be heard by the Appeals Board by filingthe request with the Division of Adjudication:
(a) as part of the motion for review; or
(b) if requested by a party in interest who did not file a motion for review, within 20 daysof the date the motion for review is filed with the Division of Adjudication.
(4) (a) On appeal, the commissioner or the Appeals Board may:
(i) affirm the decision of an administrative law judge;
(ii) modify the decision of an administrative law judge;
(iii) return the case to an administrative law judge for further action as directed; or
(iv) reverse the findings, conclusions, and decision of an administrative law judge.
(b) The commissioner or Appeals Board may not conduct a trial de novo of the case.
(c) The commissioner or Appeals Board may base its decision on:
(i) the evidence previously submitted in the case; or
(ii) on written argument or written supplemental evidence requested by the commissioneror Appeals Board.
(d) The commissioner or Appeals Board may permit the parties to:
(i) file briefs or other papers; or
(ii) conduct oral argument.
(e) The commissioner or Appeals Board shall promptly notify the parties to anyproceedings before the commissioner or Appeals Board of its decision, including its findings andconclusions.
(5) (a) Each decision of a member of the Appeals Board shall represent the member'sindependent judgment.
(b) A member of the Appeals Board may not participate in any case in which the memberis an interested party.
(c) If a member of the Appeals Board may not participate in a case because the memberis an interested party, the two members of the Appeals Board that may hear the case shall assignan individual to participate as a member of the board in that case if the individual:
(i) is not an interested party in the case;
(ii) was not previously assigned to:
(A) preside over any proceeding related to the case; or
(B) take any administrative action related to the case; and
(iii) is representative of the following group that was represented by the member thatmay not hear the case under Subsection (5)(b):
(A) employers;
(B) employees; or
(C) the public.
(d) The two members of the Appeals Board may appoint an individual to participate as amember of the Appeals Board in a case if:
(i) there is a vacancy on the board at the time the Appeals Board hears the review of thecase;
(ii) the individual appointed meets the conditions described in Subsections (5)(c)(i) and(ii); and
(iii) the individual appointed is representative of the following group that wasrepresented by the member for which there is a vacancy:
(A) employers;
(B) employees; or
(C) the public.
(6) If an order is appealed to the court of appeals after the party appealing the order hasexhausted all administrative appeals, the court of appeals has jurisdiction to:
(a) review, reverse, remand, or annul any order of the commissioner or Appeals Board;or
(b) suspend or delay the operation or execution of the order of the commissioner orAppeals Board being appealed.
Amended by Chapter 382, 2008 General Session