R151-4-902. Request for Agency Review - Transcript of Hearing - Service

  (1) A request for agency review shall:

  (a) comply with Subsection 63G-4-301(1)(b) and this section (R151-4-902); and

  (b) include a copy of the order that is the subject of the request.

  (2) A party requesting agency review shall set forth any factual or legal basis in support of that request, including adequate supporting arguments and citation to:

  (a) appropriate legal authority; and

  (b) the relevant portions of the record.

  (3)(a) If a party challenges a finding of fact, the party must demonstrate, based on the entire record, that the finding is not supported by substantial evidence.

  (b) A party challenging a finding of fact bears the burden to:

  (i) marshal or gather all the evidence in support of the finding; and

  (ii) show that despite that evidence, the finding is not supported by substantial evidence.

  (c) The failure to marshal the evidence permits the executive director to accept a division's findings of fact as conclusive.

  (d) A party challenging a legal conclusion must support the argument with citation to:

  (i) relevant authority; and

  (ii) the portions of the record relevant to the issue.

  (4)(a) If the grounds for agency review include a challenge to a determination of fact or conclusion of law as unsupported by or contrary to the evidence, the party seeking agency review shall order and cause a transcript of the record relevant to the finding or conclusion to be prepared.

  (b) When a transcript is required, the party seeking review shall:

  (i) certify that the transcript has been ordered;

  (ii) notify the department when the transcript will be available; and

  (iii) file the transcript with the executive director in accordance with the time frame stated in the certification regarding transcript.

  (c) The party seeking agency review bears the cost of the transcript.

  (5) Grounds for agency review that include any legal argument must be supported by specific citations to the transcript of the proceeding, indicating when the argument was raised and preserved in the proceeding. Examples of legal argument include but are not limited to:

  (a) an objection to a ruling of the presiding officer;

  (b) an argument regarding one or more procedures attendant to the proceeding; or

  (c) an argument as to the legal validity, including the Constitutionality, of a statute or rule.

  (6)(a) A party seeking agency review shall, in the manner described in R151-4-401 and -402, file and serve on all parties copies of correspondence, pleadings, and other submissions.

  (b) If an attorney enters an appearance on behalf of a party, service shall be made on the attorney instead of the party.

  (7) Failure to comply with this section (R151-4-902) may result in dismissal of the request for agency review.