34A-2-801 - Initiating adjudicative proceedings -- Procedure for review of administrative action.
34A-2-801. Initiating adjudicative proceedings -- Procedure for review ofadministrative action.
(1) (a) To contest an action of the employee's employer or its insurance carrierconcerning a compensable industrial accident or occupational disease alleged by the employee ora dependent any of the following shall file an application for hearing with the Division ofAdjudication:
(i) the employee;
(ii) a representative of the employee, the qualifications of whom are defined in rule bythe commission; or
(iii) a dependent as described in Section 34A-2-403.
(b) To appeal the imposition of a penalty or other administrative act imposed by thedivision on the employer or its insurance carrier for failure to comply with this chapter orChapter 3, Utah Occupational Disease Act, any of the following shall file an application forhearing with the Division of Adjudication:
(i) the employer;
(ii) the insurance carrier; or
(iii) a representative of either the employer or the insurance carrier, the qualifications ofwhom are defined in rule by the commission.
(c) A person providing goods or services described in Subsections 34A-2-407(11) and34A-3-108(12) may file an application for hearing in accordance with Section 34A-2-407 or34A-3-108.
(d) An attorney may file an application for hearing in accordance with Section34A-1-309.
(2) Unless a party in interest appeals the decision of an administrative law judge inaccordance with Subsection (3), the decision of an administrative law judge on an application forhearing filed under Subsection (1) is a final order of the commission 30 days after the day onwhich the decision is issued.
(3) (a) A party in interest may appeal the decision of an administrative law judge byfiling a motion for review with the Division of Adjudication within 30 days of the date thedecision is issued.
(b) Unless a party in interest to the appeal requests under Subsection (3)(c) that theappeal be heard by the Appeals Board, the commissioner shall hear the review.
(c) A party in interest may request that an appeal be heard by the Appeals Board by filingthe request with the Division of Adjudication:
(i) as part of the motion for review; or
(ii) if requested by a party in interest who did not file a motion for review, within 20 daysof the day on which the motion for review is filed with the Division of Adjudication.
(d) A case appealed to the Appeals Board shall be decided by the majority vote of theAppeals Board.
(4) All records on appeals shall be maintained by the Division of Adjudication. Thoserecords shall include an appeal docket showing the receipt and disposition of the appeals onreview.
(5) Upon appeal, the commissioner or Appeals Board shall make its decision inaccordance with Section 34A-1-303.
(6) The commissioner or Appeals Board shall promptly notify the parties to a proceeding
before it of its decision, including its findings and conclusions.
(7) The decision of the commissioner or Appeals Board is final unless within 30 daysafter the date the decision is issued further appeal is initiated under the provisions of this sectionor Title 63G, Chapter 4, Administrative Procedures Act.
(8) (a) Within 30 days after the day on which the decision of the commissioner orAppeals Board is issued, an aggrieved party may secure judicial review by commencing an actionin the court of appeals against the commissioner or Appeals Board for the review of the decisionof the commissioner or Appeals Board.
(b) In an action filed under Subsection (8)(a):
(i) any other party to the proceeding before the commissioner or Appeals Board shall bemade a party; and
(ii) the commission shall be made a party.
(c) A party claiming to be aggrieved may seek judicial review only if the party exhauststhe party's remedies before the commission as provided by this section.
(d) At the request of the court of appeals, the commission shall certify and file with thecourt all documents and papers and a transcript of all testimony taken in the matter together withthe decision of the commissioner or Appeals Board.
Amended by Chapter 347, 2009 General Session