R861-1A-20. Time of Appeal Pursuant to Utah Code Ann. Sections 63G-4-201 and 68-3-8.5  


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  •   (1) Except as provided in Subsection (2), a petition for adjudicative action must be received in the commission offices no later than 30 days from the date of the action that creates the right to appeal. The petition is deemed to be timely if:

      (a) in the case of mailed or hand-delivered documents:

      (i) the petition is received in the commission offices on or before the close of business of the last day of the 30-day period; or

      (ii) the date of the postmark on the envelope or cover indicates that the petition was mailed on or before the last day of the 30-day period; or

      (b) in the case of electronically-filed documents, the petition is received no later than midnight of the last day of the 30-day period.

      (c) A petition for adjudicative action that is mailed but not received in the commission offices shall be considered timely filed if the sender complies with the provisions of Subsections 68-3-8.5(2)(b) and (c).

      (2) If a statute provides the period within which an appeal may be filed, a petition for adjudicative action is deemed to be timely if:

      (a) in the case of mailed or hand-delivered documents:

      (i) the petition is received in the commission offices on or before the close of business of the last day of the time frame provided by statute; or

      (ii) the date of the postmark on the envelope or cover indicates that the request was mailed on or before the last day of the time frame provided by statute; or

      (b) in the case of electronically-filed documents, the petition is received no later than midnight of the last day of the time frame provided by statute.

      (c) A petition for adjudicative action that is mailed but not received in the commission offices shall be considered timely filed if the sender complies with the provisions of Subsections 68-3-8.5(2)(b) and (c).

      (3) Any party adversely affected by an order of the commission may seek judicial review within the time frame provided by statute. Copies of the appeal shall be served upon the commission and upon the Office of the Attorney General.