R354-11-102. Appeal to Utah Court of Appeals

(1)(a) As provided in this rule: (i) a person may appeal a dismissal of an appeal by the authority chair under Subsection R354 -10-103(5)(b)(ii)(A); (ii) a person who receives an adverse decision by a Procurement Appeals Panel may appeal that decision; and (iii) subject to Subsection (2), the CRAU may appeal an adverse decision by a Procurement Appeals Panel; (b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision. (2) The CRAU may not appeal the decision of a Procurement Appeals Panel, unless the appeal is: (a) recommended by the Procurement Official involved; and (b) the attorney general's office or outside counsel approved by the attorney general. (3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken. (4) The Utah Court of Appeals: (a) shall consider the appeal as an appellate court; (b) may not hear the matter as a trial de novo; and (c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous. (5) The Utah Court of Appeals is encouraged to: (a) give an appeal made under this section priority; and (b) consider the appeal and render a decision in an expeditious manner.