R151-4-901. Availability of Agency Review and Reconsideration

(1)(a) Except as otherwise provided in Subsection 63G-4-209(3)(c), an aggrieved party may obtain agency review of a final order by filing a request with the commissioner within 30 days after the issuance of the order. (b) This 30-day deadline is jurisdictional, the three-day mailing rule in Subsection R151-4-107(3) does not apply and does not extend the jurisdictional deadline. (c) A motion to set aside a final order made to a division under Rule 60(b) of the Utah Rules of Civil Procedure does not toll the jurisdictional deadline to file a request for agency review. (d) Under Subsection 63G-4-102(9), the commissioner may extend the deadline only for good cause shown. (e) Good cause to justify an extension means special circumstances beyond the control of the person requesting agency review that prevents a timely filing of the request. (f) A decision on a motion is not subject to interlocutory appeal or agency review until the division enters a final order. (2)(a) Agency review is not available for an order or decision entered by the commissioner under: (i) Title 13, Chapter 14, New Automobile Franchise Act; or (ii) Title 13, Chapter 35, Powersport Vehicle Franchise Act. (b) Agency review is not available for an order or decision entered by the Division of Professional Licensing for: (i) Prelitigation proceedings under Title 78B, Chapter 3, the Utah Health Care Malpractice Act; (ii) a request for modification of a disciplinary order; (iii) a request under Title 58, Chapter 4a, for entry into the Utah Professionals Health Program; (iv) a petition to remove agency action from public access under Section 63G-4-107; or (v) a determination made on an application for a division determination regarding criminal record under Section 58-1-310. (c) Agency review is not available for an order or decision entered by the Division of Corporations and Commercial Code for a: (i) refusal to file a document under the Utah Revised Business Corporations Act under Section 16-10a-126; (ii) revocation of a foreign corporation's authority to transact business under Section 16-10a-1532; (iii) refusal to file a document under the Utah Revised Limited Liability Company Act under Section 48-3a-209; (iv) denial of reinstatement under the Uniform Limited Cooperative Association Act under Section 16-16-1213; or (v) rejection of a UCC financing statement filing under Sections 70A-9a-516 and 70A-9a-520, Uniform Commercial Code - Secured Transactions. (d)(i) A party may request agency reconsideration under Section 63G-4-302 for an order or decision exempt from agency review under Subsections R151-4-901(2)(a), R151-4-901(2)(b)(ii), and R151-4-901(2)(c). (ii) Under Subsections 58-4a-105(5) and 78B-3-416(1)(c), agency reconsideration is not available for an order or decision exempt from agency review under Subsections R151-4-901(2)(b)(i) and R151-4-901(2)(b)(iii).