Utah Administrative Code (Current through November 1, 2019) |
R151. Commerce, Administration |
R151-4. Department of Commerce Administrative Procedures Act Rule |
R151-4-302. Motion to Dismiss
Latest version.
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(1) A motion to dismiss on a ground described in Rule 12(b)(1) through (7) of the Utah Rules of Civil Procedure shall be filed prior to filing a responsive pleading.
(2) In a case that is under agency review:
(a) A motion to dismiss may be brought for:
(i) failure to comply with a jurisdictional deadline;
(ii) failure to file a hearing transcript; or
(iii) failure to file a required memorandum.
(b) A motion to dismiss may not be brought on an allegation or argument as to:
(i) the sufficiency of a pleading or a memorandum in support thereof;
(ii) the sufficiency of the evidence; or
(iii) any other issue that requires substantive analysis.