(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.
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