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Utah Code Title 63G. General Government § 63G-4-401. Judicial review--Exhaustion of administrative remedies--Petition for judicial review

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A party aggrieved may obtain judicial review of final agency action, except in actions where judicial review is expressly prohibited by statute.

(2) A party may seek judicial review only after exhausting all administrative remedies available, except that:

(a) a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required;

(b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if:

(i) the administrative remedies are inadequate; or

(ii) exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.

(3)(a) Except as provided in Subsection (3)(c), a party shall file a petition for judicial review of final agency action within 30 days after the day on which the order:

(i) constituting the final agency action is issued; or

(ii) is considered to have been issued under Subsection 63G-4-302(3)(b).

(b) The petition shall:

(i) name the agency and all other appropriate parties as respondents; and

(ii) meet the form requirements specified in this chapter.

(c) If a party files a petition for judicial review of a final agency action resulting from a formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a), any other party to the action may file a petition for judicial review if the petition is filed within the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate Procedure.

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Cite this article: FindLaw.com - Utah Code Title 63G. General Government § 63G-4-401. Judicial review--Exhaustion of administrative remedies--Petition for judicial review - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-63g-general-government/ut-code-sect-63g-4-401/

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