No. 41552 (Amendment): Rule R33-18. Appeals to Court and Court Proceedings

(Amendment)

DAR File No.: 41552
Filed: 04/27/2017 03:58:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change to this rule is to correct an inaccurate citation to the Utah Procurement Code.

Summary of the rule or change:

The change to this rule corrects a citation which read "Section 63G-6a-1801 through 63G-6a-1803" where it should have read "Utah Code 63G-6a, Part 18".

Statutory or constitutional authorization for this rule:

• Title 63G, Chapter 6a

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget as a result of the change to this rule. The change is technical in nature.

local governments:

There are no anticipated costs or savings to local government as a result of the change to this rule. The change is technical in nature.

small businesses:

There are no anticipated costs or savings to small businesses as a result of the change to this rule. The change is technical in nature.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the change to this rule. The change is technical in nature.

Compliance costs for affected persons:

There are no anticipated costs to affected persons as a result of the changes to this rule. The change is technical in nature.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed the change, and I believe that there is no potential for fiscal impact on businesses as a result of the change to this rule. The change is technical in nature.

Jared Gardner, Procurement Policy Board Chair

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at [e-mail]
• Kent Beers at the above address, by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at [e-mail]
• Jared Gardner at the above address, by phone at 385-646-4561, by FAX at , or by Internet E-mail at [e-mail]
• Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at [e-mail]
• Fay Tan at the above address, by phone at 801-538-3524, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2017

This rule may become effective on:

06/21/2017

Authorized by:

Kent Beers, Director

RULE TEXT

R33. Administrative Services, Purchasing and General Services.

R33-18. Appeals to Court and Court Proceedings.

R33-18-101. Process.

(1) A person who receives an adverse decision, or a procurement unit, may appeal a decision of a procurement appeals panel to the Utah Court of Appeals within seven days after the day on which the decision is issued.

(2) All appeals to the Utah Court of Appeals are subject to the provisions of the requirements set forth in [Section 63G-6a-1801 through ]Utah Code 63G-6a[-], Part 18[03]. All definitions in the Utah Procurement Code shall apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.

 

R33-18-201. Appeals by Procurement Units -- Limitations.

A procurement unit may only appeal a procurement appeals panel decision in accordance with Section 63G-6a-1802(2).

 

KEY: appeals, protests, Utah Court of Appeals

Date of Enactment or Last Substantive Amendment: [July 8, 2014]2017

Authorizing, and Implemented or Interpreted Law: 63G-6a

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