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