R765-134-4. Policy

4.1. The Utah Administrative Procedures Act, Section 63G-4-102, provides certain exemptions from the Act which affect higher education institutions.

As a consequence of the foregoing statutory provisions adjudicative proceedings relating to the evaluation, discipline, employment, transfer, reassignment, or promotion of students and faculty, to personnel matters for all employees, to contracts for the purchase and sale of goods and services by the institutions, or to actions required by federal statute or regulation to be conducted solely according to federal procedures are not governed by the Utah Administrative Procedures Act.

4.2. Campus traffic and parking - Section 53B-3-106(2), provides that "State institutions of higher education are 'political subdivisions' . . . as these terms are used in Chapter 6, Title 41." relating to Traffic Rules and Regulations. The Utah Administrative Procedures Act applies to "agencies" which as defined in 63G-4-103(1)(b) does not include "any political subdivision of the state, or any administrative unit of a political subdivision of the state." Consequently, the institutions are exempt from the Act in matters involving campus traffic regulations not only where students and employees are involved but also where they impact persons other than students and employees. However, since some aspects of parking and parking lot management may not be covered by Chapter 6, Title 41, hearings relating to parking matters which involve persons other than students and employees may be subject to the Act.

4.3. Informal adjudicative proceedings for certain admissions, residence for tuition purposes, financial aid (including the eligibility for and collection of student loans), campus parking, campus event participation, former student matters, former employee matters, and other matters not exempted from the Administrative Procedures Act - Adjudicative proceedings, undertaken by an institution, which affect matters other than (a) the evaluation, discipline, employment, transfer, reassignment, or promotion of students and faculty, (b) personnel matters for all employees, (c) campus traffic, (d) contracts for the purchase and sale of goods and services by the institution, or (e) actions required by federal statute or regulation to be conducted solely according to federal procedures, are to be conducted informally according to the procedures set forth in these rules, enacted under the authority of the Utah Administrative Procedures Act. Adjudicative proceedings where parties other than students or employees are involved hereby authorized to be handled informally include, but are not limited to, admissions, residence for tuition purposes, financial aid (including the eligibility for and collection of student loans), campus parking, campus event participation, former student matters, and former employee matters.

4.4. Board findings as to appropriateness of informal adjudicative proceedings - The use of informal procedures as provided in paragraph 4.3 does not violate any procedural requirement imposed by a statute other than Chapter 4, Title 63G; the rights of the parties to the proceedings will be reasonably protected by the informal procedures; the institutions' administrative efficiency will be enhanced by this categorization; and the cost of formal adjudicative proceedings outweighs the potential benefits to the public of a formal adjudicative proceeding.

4.5. Substitution of presiding officer - If fairness is not compromised, an institution may substitute one presiding officer for another during any proceeding. A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.

4.6. Institutional variances with this rule - Each institution is authorized to adopt its own categorizations and procedures duly enacted under the authority of Chapter 4, Title 63G. Significant variations from the Board's rules and procedures must be approved by the Board.