§ 63G-4-401 — Judicial review -- Exhaustion of administrative remedies -- Petition for judicial review.

Utah § 63G-4-401

• Jurisdiction: Utah
• Title 63G: General Government
• Ch. 63G-4: Administrative Procedures Act
• Part 63G-4-4: Judicial Review

Text

(1) A party aggrieved may obtain judicial review of final agency action, as described in Section 63G-4-403, except in actions where judicial review is expressly prohibited by statute.
(2) A party may seek judicial review only after exhausting all administrative remedies available, except that:
(2)(a) a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required;
(2)(b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if:
(2)(b)(i) the administrative remedies are inadequate; or
(2)(b)(ii) exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.
(3) (3)(a) Except as provided in Subsection (3)(c), a party shall file a petition for judicial review of final agency action within 30 days after the day on which the order:
(3)(a)(i) constituting the final agency action is issued; or
(3)(a)(ii) is considered to have been issued under Subsection 63G-4-302(3)(b).
(3)(b) The petition shall:
(3)(b)(i) name the agency and all other appropriate parties as respondents; and
(3)(b)(ii) meet the form requirements specified in this chapter.
(3)(c) If a party files a petition for judicial review of a final agency action resulting from a formal adjudicative proceeding within the 30-day time period described in Subsection (3)(a), any other party to the action may file a petition for judicial review if the petition is filed within the time period permitted for a cross petition under Rule 14 of the Utah Rules of Appellate Procedure.

Legislative History

Amended by Chapter 190, 2025 General Session