The Utah Department of Insurance is proposing an amendment to R590-160-8, Agency Review.
The purpose of the amendment states, “The rule is being amended to remove a reference to Section 63G-4-302, which allows an agency to reconsider an agency review. The availability of agency review reconsideration is at the agency's discretion, and the Department has decided to no longer provide reconsideration.” The department is receiving comments until Oct. 3, 2022.
Under the rule, agency review of an adjudicating proceeding is available to a party to a proceeding by filing a request for agency review with the commissioner within 30 days of the date of the order. The commissioner or the commissioner’s designee must conduct the review. If done by a designee, the designee may not be the presiding officer who issued the decision under review.
The request for agency review must include a copy of the order that is the subject of the request. It must also include the factual basis of the request, including a citation to the record of the formal adjudicative proceeding and clear reference to evidence or a proffer of evidence in an informal adjudicative proceeding.
A party challenging a finding of fact in a formal adjudicative proceeding must:
- Order a transcript of the recording relevant to the finding.
- Certify that a transcript is ordered.
- File the transcript with the commissioner or the commissioner’s designee.
- Pay the cost of preparing the transcript.
The party requesting agency review must submit a supporting memorandum with the request. An opposing memorandum must be filed within 15 days after the supporting memorandum is filed. A reply memorandum must be filed within five days after the opposing memorandum is filed. The commissioner or the commissioner’s designee may order a party to submit additional memoranda to assist in conducting the agency review.