Education

Administration

Rule 102: Adjudicative Proceedings

Effective Date: 06/08/2026

Admin. Code Reference: R277-102

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Rule or section number:

R277-102

Filing ID: 57894

Agency Information

1. Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT 84111

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

Contact persons:

Name:

Phone:

Email:

Elisse Newey

801-538-7550

elisse.newey@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R277-102. Adjudicative Proceedings

4. Purpose of the new rule or reason for the change:

The rule amendments are needed to provide clarity to the process on who should be involved with appeals to the Utah State Board of Education (Board) and timelines for conducting the process.

5. Summary of the new rule or change:

The amendments add additional clarity to the definition of "Presiding officer".

The amendments also clarify the requirements for adjudicative proceedings subject to the Utah Administrative Procedures Act (UAPA) as well as, the requirements for adjudicative proceedings not subject to UAPA.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures.

The amendments to Rule R277-102 primarily formalize internal administrative procedures and clarify the roles of existing personnel during adjudicative proceedings. Specifically, the additions in Subsections R277-102-3(6) (screening for conflicts of interest) and R277-102-3(13) (prohibiting public discussion of recommendations until the Board meeting) are procedural shifts that do not require additional staff, new technology, or increased operational funding.

The change in Subsection R277-102-4(3)(b)(ii) setting a 90-day deadline for a final administrative determination formalizes an existing expectation for timely reviews.

Because these tasks are handled by current Board staff and Board members within their existing duties, there is no fiscal impact on the state budget.

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.

This rule governs the Board's internal processes for adjudicative proceedings.

While a Local Education Agency (LEA) may be a party to such a proceeding, the amendments do not impose new filing fees, mandatory reporting requirements, or additional compliance steps that would necessitate local expenditures.

The clarification of timelines and conflict screening processes provides procedural clarity but does not shift any fiscal burden to local school districts or charter schools.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.

This only impacts the Board and LEAs.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

This category includes individual educators or members of the public who may seek agency action. The changes to this rule are designed to ensure a fair and timely process (e.g., the 90-day window in Section R277-102-4 and conflict screening in Section R277-102-3). These are procedural protections that do not require the individual to incur new expenses.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

Compliance costs for an individual entity (such as a single educator or a specific person seeking review) remain unchanged.

The new language in Subsection R277-102-3(13) regarding public discussion of hearings applies to the presiding officer and panel members, not the affected persons.

The 90-day timeline for documentary review provides a standard for the Board's response rather than a cost for any affected persons.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

Citation Information

7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Utah Constitution, Article X, Section 3

Section 63G-4

Subsection 53E-3-401(4)

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

06/01/2026

10. This rule change MAY become effective on:

06/08/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of

Policy

Date:

04/15/2026

R277. Education, Administration.

R277-102. Adjudicative Proceedings.

R277-102-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests the general control and supervision of public education in the Board[,];

(b) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its duties and responsibilities under the Utah Constitution and state law; and

(c) Subsection 63G-4-102(6) which allows agencies to make rules regarding adjudicative proceedings in matters subject to UAPA.

(2) The purpose of this rule is:

(a) to specify how to conduct adjudicative proceedings in matters subject to UAPA;

(b) to provide for review of Board actions where no opportunity for administrative review is provided by law and where there is a compelling reason for administrative review to fully and fairly facilitate the Board's decision -making process; and

(c) to identify procedures the Board may apply when administrative review of a Board action is provided for by a law other than UAPA and the applicable law fails to identify procedures to be followed for the administrative review.

(3) This rule does not apply to actions for which separate adjudicative procedures are specifically provided for in statute, rule, or negotiated agreement.

(4) Nothing in this rule creates an independent basis for or requirement that the Board review a final Board action.

R277-102-2. Definitions.

(1) "Agency head" means the Board Chair.

(2) "Default" means the failure of a party to an administrative proceeding to meet the requirements or timelines of the proceeding.

(3) "Person" has the same meaning as set forth in Subsection 63G-4-103(1)(g).

(4)(a) "Presiding officer" has the same meaning as set forth in Subsection 63G-4-103(1)(h).

(b) The Board chair may designate an attorney who works for the Board or an Assistant Attorney General assigned to the Board to act as a

presiding officer.

(5) "Utah Administrative Procedures Act" or "UAPA" means Title 63G, Chapter 4, Administrative Procedures Act.

R277-102-3. Adjudicative Proceedings Subject to UAPA.

(1) The Board shall conduct all requests for agency action as informal adjudicative proceedings under UAPA unless another statute or rule specifically designates the proceedings as formal.

(2) The presiding officer designated for a proceeding may convert an informal proceeding to a formal proceeding and vice versa as provided under Subsection 63G-4-202(3).

(3) A person seeking review of a Board action shall:

(a) submit a signed request for agency action in writing to the Board's secretary, which includes the information identified in Subsection 63G-4-201(3)(a);

(b) mail a copy of the request to each person known to have a direct interest in the request; and

(4) The agency head shall promptly review the request for agency action and shall notify the requesting party within 30 days in writing

that:

(a) the request is granted and that the adjudicative proceeding is completed;

(b) the request requires further consideration, and an informal adjudicative proceeding will be conducted to review the matter; or

(c) the request requires further consideration and, if expressly required by law, a formal adjudicative proceeding will be conducted to review the matter.

(5) If the agency head determines a hearing will be held, whether formal or informal, the agency head:

(a) shall designate a presiding officer for the hearing; and

(b) may designate a hearing panel, consisting of the presiding officer and three Board members, to hear the evidence and make

recommendations to the full Board.

(6) The agency head shall screen for conflicts of interest in making appointments under Subsection (5).

([6]7)(a) The presiding officer shall:

(i) chair the proceeding and make rulings on motions and evidentiary issues; and

(ii) if no panel is appointed, shall make all findings of fact, conclusions of law, and recommendations to the Board based on a

preponderance of the evidence.

(b) If the agency head designates a hearing panel, the Board members on the hearing panel shall make all findings of fact, conclusions of

law, and recommendations to the Board based upon a preponderance of the evidence.

([7]8)(a) The Superintendent shall make appropriate arrangements for an informal adjudicative proceeding including:

(i) determining the date of the hearing;

(ii) designating the hearing location and other necessary information; and

(iii) on a case by case basis, determine if an informal adjudicative proceeding may be held electronically.

(b) The Superintendent shall maintain a record of all aspects of an informal adjudicative proceeding.

([8]9)(a) The presiding officer shall establish timelines for the hearing and shall determine if a hearing is open or closed to the public

consistent with the law.

(b) If the agency head determines that adjudicative proceedings are required, the presiding officer shall conduct a hearing within 90 days

of receiving the request for agency action, unless the parties stipulate to a longer time period or the presiding officer grants a motion for a longer

time period for good cause.

([9]10)(a) If the agency head determines the Board is legally required to provide a formal adjudicative proceeding or the presiding officer

designates a proceeding as formal, the presiding officer shall conduct the proceedings in accordance with Sections 63G-4-204 through 63G-4-208.

(b) The presiding officer shall prescribe the means of discovery at the request of the parties to the extent necessary to allow all parties access to relevant evidence.

([10]11)(a) For both informal and formal adjudicative proceedings, the presiding officer shall have discretion in managing and making

procedural and evidentiary decisions throughout the hearing process.

(b) In ruling on matters raised by the parties, the presiding officer may consider, but is not bound by, the Utah Rules of Evidence and the Utah Rules of Civil Procedure.

([11]12)(a) A presiding officer designated for a formal or informal adjudicative proceeding may recommend a default to the Board

consistent with deadlines set by the presiding officer and [the provisions of ]Section 63G-4-209.

(b) A party in default may seek to have a default set aside consistent with Subsection 63G-4-209(3) and deadlines set by the presiding officer.

(13) The presiding officer and members of the panel may not discuss the hearing publicly until the Board discusses the panel

recommendation in Board meeting.

([12]14) The presiding officer shall submit a written hearing report formalizing the hearing recommendation, to the Board and the parties,

including findings of fact, conclusions of law, and recommended action for all informal and formal adjudicative proceedings within 20 calendar days of the conclusion of the hearing.

([13]15) The Board shall consider the recommendation submitted under Subsection ([12]14) and within a reasonable time shall:

(a) approve the recommendation under Subsection ([12]14); or

(b) issue an alternate written determination and action based on the findings of fact made in the hearing report, if the Board disagrees with the proposed outcome in the hearing report.

([14]16) The Board's decision is the final administrative decision on the issue, subject to a request for reconsideration applying the

procedures of Section 63G-4-302.

([15]17) The Superintendent shall respond to any request for reconsideration in accordance with Subsection 63G-4-302(3).

R277-102-4. Adjudicative Proceedings Not Subject to UAPA.

(1) A person seeking review of a Board action not covered by UAPA shall submit a written request for review of agency action to the secretary of the Board in the same manner provided in Subsection[s] R277-102-3(3).

(2) The agency head shall review the request for agency action in a timely manner and notify the requesting [in ]party within 30 days in

writing:

(a) if the request is insufficient or untimely, that the request for review is denied; or

(b) if the request is sufficient and timely, that the Board will review the matter and which method the Board will [employ]use to conduct

the review and make a final determination.

(3)(a) If a hearing is not expressly required by law, the Board may review a request for agency action under this Section R277-102-4 through a documentary review, including consideration of written information submitted by each of the parties.

(b) If the Board conducts a documentary review:

(i) the agency head will establish deadlines for document submission; and

(ii) the full Board will consider all documents submitted and issue a final administrative determination [in writing in a timely

manner]within 90 days of the request for agency action.

(4) If a hearing is expressly provided for by law or the agency head determines the matter will best be determined by [means of ]a hearing,

the agency head shall provide for an informal adjudicative proceeding as outlined in Section R277-102-3, except that provisions for reconsideration do not apply under this Section R277-102-4.

(5) In a request under this Section R277-102-4, a party may be found in default by the Board consistent with deadlines set by the agency head or the presiding officer.

KEY: administrative procedures, rules and procedures

Date of Last Change: 2026[April 8, 2021]

Authorizing, and Implemented or Interpreted Law: 63G-4; 53E-3-401(4); Art X Sec 3

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