63A-5b-1221. Appeals panel -- Composition -- Procedures.
(1) There is created an appeals panel to resolve disputes between an LEA and the division regarding decisions made under this part.
(2) The appeals panel shall consist of three members: the executive director of the Department of Government Operations, or the executive director's designee, who shall serve as the panel chair; the school construction liaison designated under Section; and 63A-5b-1212 a third member with relevant expertise selected jointly by the members described in Subsectionsand. (2)(a) (b)
(3) The third panel member described in Subsection: (2)(c) shall be selected based on expertise relevant to the specific matter under appeal, which may include: construction management; architectural or engineering services; building code compliance; cost estimation and project budgeting; procurement and contracting; or educational facility planning; may not be an employee of the LEA filing the appeal or of the division; may not have a financial interest in the outcome of the appeal; and shall be selected within 10 business days of the appeal being filed.
(4) An LEA may appeal the following division decisions to the appeals panel: denial or conditional approval of construction permits under Section; 63A-5b-1218 denial of alternative delivery method requests under Section; 63A-5b-1203 cost matrix determinations under Subsection; 63A-5b-1205(6) architect and design professional fee determinations under Section; 63A-5b-1204 enforcement actions and penalties under Section; 63A-5b-1215 requirements for division-managed construction services under Subsection; 63A-5b-1213(3) contractor registry determinations under Section; 63A-5b-1216 denial of standardized design prototype modifications under Subsection; 63A-5b-1204(7) plan review determinations under Section; 63A-5b-1205 inspection and occupancy certificate determinations under Section; and 63A-5b-1208 any other division decision that substantively affects an LEA's ability to complete a construction project in compliance with this part.
(5) To file an appeal, an LEA shall: submit a written notice of appeal to the division and the executive director of the Department of Government Operations within 30 days of receiving the division's written decision; and include in the notice: a description of the division's decision being appealed; the specific grounds for the appeal; all relevant documentation supporting the LEA's position; the relief requested; and whether the LEA requests an expedited review due to project timeline constraints.
(6) Upon receiving a notice of appeal: the division shall provide the division's written response within 15 business days, including: the basis for the challenged decision; all documentation supporting the division's position; and any proposed resolution; the appeals panel shall convene within 30 days of receiving the division's response, or within 15 days if expedited review is requested and granted; the panel shall provide both parties opportunity to present evidence and argument; and the panel may request additional information from either party or from independent experts.
(7) The appeals panel shall: conduct proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to the extent applicable; issue a written decision within: 45 days of the initial appeal filing for standard reviews; or 20 days of the initial appeal filing for expedited reviews; include in the written decision: findings of fact; conclusions regarding compliance with applicable statutes and rules; the rationale for the decision; and any conditions or requirements for implementation; provide the decision to the LEA, the division, and the state board; and publish anonymized summaries of decisions to provide guidance for future cases.
(8) The appeals panel may: affirm the division's decision; reverse the division's decision and direct specific action; modify the division's decision with conditions; remand the matter to the division for further consideration with specific direction; or extend timelines for good cause shown by either party.
(9) The appeals panel's decision: is final and binding on both the LEA and the division; may only be challenged through judicial review under Section; and 63G-4-401 does not prevent either party from seeking emergency relief through the courts if immediate and irreparable harm would result from delay.
(10) During the pendency of an appeal: the division may not take additional enforcement action related to the subject of the appeal unless necessary to address imminent safety concerns; construction timelines and permit expiration dates shall be tolled; the LEA may proceed with construction if the division grants a stay pending appeal; and the panel may issue interim orders to preserve the status quo or prevent irreparable harm.
(11) For appeals involving highly technical or specialized issues: the panel may retain independent experts to provide technical analysis; costs of expert review shall be shared equally by the LEA and the division unless the panel determines otherwise based on the outcome; and expert reports shall be provided to both parties for review and response before the panel issues the panel's decision.