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 executive director within 30 calendar days after the issuance of the order.

  (b) This 30-day deadline is jurisdictional. The three-day mailing rule in Section 151-4-107(3) does not apply and does not extend the jurisdictional deadline.

  (c) Pursuant to Subsection 63G-4-102(9), the Executive Director may extend the deadline only for good cause shown. For purposes of this section R151-4-901, 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.

  (2)(a) Agency review is not available for an order or decision entered by:

  (i) the Utah Motor Vehicle Franchise Advisory Board; or

  (ii) the Utah Powersport Vehicle Franchise Advisory Board.

  (b) Agency review is not available for an order or decision entered by the Division of Occupational and 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; or

  (iii) a request under Section 58-1-404(4) for entry into the Diversion Program.

  (c) Agency review is not available for an order or decision entered by the Division of Corporations and Commercial Code for:

  (i) refusal to file a document under the Utah Revised Business Corporations Act pursuant to Section 16-10a-126;

  (ii) revocation of a foreign corporation's authority to transact business pursuant to Section 16-10a-1532;

  (iii) refusal to file a document under the Utah Revised Limited Liability Company Act pursuant to Section 48-3a-209; or

  (iv) denial of reinstatement under the Uniform Limited Cooperative Association Act pursuant to Section 16-16-1213.

  (d)(i) A party may request agency reconsideration pursuant to Section 63G-4-302 for an order or decision exempt from agency review under R151-4-901(2)(a), (2)(b)(ii), and (2)(c).

  (ii) Pursuant to Subsections 58-1-404(4)(d) and 78B-3-416(1)(c), agency reconsideration is not available for an order or decision exempt from agency review under R151-4-901(2)(b)(i) and (2)(b)(iii).