R277-471-12. Appeals Procedure for Nonrefundable Fines

  A. The Board designates the procedure outlined in R277-471-12 as an informal adjudicative proceeding, under Section 63G-4-203.

  B. LEA boards may appeal a fine assessed under R277-471-11C consistent with the following:

  (1) An LEA may not appeal a fine until a final administrative decision has been made to assess the fine by the USOE and the fine has been affirmed by the Board.

  (2) A district superintendent on behalf of a local school board or a local charter board chair on behalf of a local charter school board may appeal an assessed fine by filing an appeal form provided on the USOE website.

  (3) An LEA must file the appeal within 10 business days of final affirmation of USOE action/withholding by the Board.

  (4) An LEA shall deliver or provide electronically the appeal to the USOE as provided by the appeal form.

  (5) An LEA shall provide, as stated on the form, an explanation of unanticipated or compelling circumstances that resulted in the local board's or charter school's failure to report new construction or remodeling projects as required.

  (6) The school district superintendent or local charter board chair shall provide a notarized statement that the information and explanation of circumstances are true and factual statements.

  (7) At least three members of the Finance Committee appointed by the Board shall act as a review committee to review the written appeal.

  (a) The appeal committee may request additional information from the LEA board.

  (b) The appeal committee may ask the district superintendent or local school district or charter school board chair or LEA business staff to appear personally and provide information.

  (c) The fine shall be presumed appropriate and legitimate when reviewed by the appeal committee.

  (d) The appeal committee shall make a written recommendation within 10 business days of receipt of the appeal request.

  (e) The full Finance Committee of the Board shall review the recommendation.

  (f) The Finance Committee shall make a formal recommendation to the Board to accept, modify or reject the appeal explanation and fine.

  C. The Board, in a regular monthly meeting, may accept or reject the Finance Committee's final recommendation to affirm the fine, modify the fine, or grant the appeal.

  D. Consistent with the Board's general control and supervision of the Utah public school system and given the significant public policy concern for safe schools and cost-effective public school building projects, a local board of education or a local charter board has no further administrative appeal opportunity.