§ 53C-1-304. Rules to ensure procedural due process -- Board review of director action -- Judicial review.

(1) The board shall make rules to ensure procedural due process in the resolution of complaints concerning actions by the board, director, or the administration.

(2)

(a) Except as provided in Subsection (2)(b), an aggrieved party to a final action by the director or the administration may petition the board for administrative review of the decision.

(b) Final actions by the director or administration to lease, sell, or exchange specific real property or other trust assets are not subject to administrative review.

(3)

(a) The board may appoint a qualified hearing examiner for purposes of taking evidence and making recommendations for board action.

(b) The board shall consider the recommendations of the examiner in making decisions.

(4)

(a) The board shall uphold the decision of the director or the administration unless it finds, by a preponderance of the evidence, that the decision violated applicable law, policy, or rules.

(b) The board shall base its final actions on findings and conclusions and shall inform the aggrieved party of its right to judicial review.

(5) An aggrieved party to a final action by the board may obtain judicial review of that action under Sections 63G-4-402 and 63G-4-403.

Amended by Chapter 247, 2011 General Session