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Utah Administrative Code (Current through November 1, 2019) |
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R33. Administrative Services, Purchasing and General Services |
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R33-17. Procurement Appeals Panel |
| R33-17-101.13. Determination Regarding Clearly Erroneous |
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Latest version.
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(1) If, after reviewing the notice of appeal, the protest appeal record and, if applicable, responses received during an informal hearing, the protest appeals panel determines that: (a) There is a reasonable basis for the decision made by the protest officer and, given the same facts, evidence, and laws as those reviewed by the protest officer, a reasonable person could have reached the same decision as the protest officer, then the protest appeals panel shall conclude that the protest officer's decision was not clearly erroneous and shall uphold the decision of the protest officer; or (b) There is no reasonable basis for the decision made by the protest officer and, given the same facts, evidence, and laws as those reviewed by the protest officer, a reasonable person could not have reached the same decision as the protest officer, then the protest appeals panel shall conclude that the protest officer's decision was clearly erroneous and shall remand the matter to the protest officer to cure the problem or render a new decision. (2) Minor errors and omissions committed by a protest officer during the protest decision process that are irrelevant, immaterial, or inconsequential to the overall protest decision may not be considered sufficient grounds for making a determination that the protest officer's decision was clearly erroneous. |
| R33-17-101. 13. Determination Regarding Clearly Erroneous |
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Latest version.
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(1) If, after reviewing the notice of appeal, the protest appeal record and, if applicable, responses received during an informal hearing, the protest appeals panel determines that: (a) There is a reasonable basis for the decision made by the protest officer and, given the same facts, evidence, and laws as those reviewed by the protest officer, a reasonable person could have reached the same decision as the protest officer, then the protest appeals panel shall conclude that the protest officer's decision was not clearly erroneous and shall uphold the decision of the protest officer; or (b) There is no reasonable basis for the decision made by the protest officer and, given the same facts, evidence, and laws as those reviewed by the protest officer, a reasonable person could not have reached the same decision as the protest officer, then the protest appeals panel shall conclude that the protest officer's decision was clearly erroneous and shall remand the matter to the protest officer to cure the problem or render a new decision. (2) Minor errors and omissions committed by a protest officer during the protest decision process that are irrelevant, immaterial, or inconsequential to the overall protest decision may not be considered sufficient grounds for making a determination that the protest officer's decision was clearly erroneous. |
| R33-17-102. Verification of Legal Authority |
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Latest version.
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A person filing an appeal to a protest decision may be asked to verify that the person has legal authority to file an appeal on behalf of the public or private corporation, governmental entity, sole proprietorship, partnership, or unincorporated association. A person without legal authority shall be deemed to not have standing to file a notice of appeal. |
| R33-17-103. Informal Hearing |
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(1) A hearing conducted under Part 17 shall be an informal procedure wherein the rules of evidence and civil procedures do not apply. (2) A procurement appeals panel shall establish procedures for conducting an informal hearing including: (a) establishing time limits and deadlines; (b) determining who may address the procurement appeals panel; and (c) determining other procedural matters. (3) All communication during the informal hearing shall be directed to the coordinator of the procurement appeals panel. (a) A recording shall be made of each informal hearing held on an appeal under Utah Code 63G-6a, Part 17. |
| R33-17-104. Expedited Proceedings |
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Latest version.
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A party to a protest having standing may submit a written request to the coordinator of the procurement appeals panel requesting that the administrative review be expedited. The coordinator of the procurement appeals panel shall consider the request and, if possible and practical, accommodate the request. |
| R33-17-105. Electronic Participation |
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Latest version.
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Any panel member or, if applicable, participant may participate electronically if: (a) a request to participate electronically is submitted to the coordinator of the panel at least 24 hours in advance of the proceeding; (b) the means for electronic participation, by phone, computer or otherwise, is available at the location; and (c) the electronic means allows other members of the panel and, if applicable, other participants to hear the person or persons participating electronically. |