State Codes and Statutes
Statutes > Utah > Title-63g > Chapter-05 > 63g-5-20163G-5-201. Alternative dispute resolution -- Authorization -- Procedures -- Agencycoordinators -- Contracts.
(1) An agency may use an ADR procedure to resolve any dispute, issue, or controversyinvolving any of the agency's operations, programs, or functions, including formal and informaladjudications, rulemakings, enforcement actions, permitting, certifications, licensing, policydevelopment, and contract administration only with the consent of all the interested parties.
(2) (a) An agency may develop and adopt an ADR procedure governed by rules, adoptedin accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) In developing and adopting an ADR procedure under Subsection (2)(a), an agencyshall consider:
(i) public interest in maintaining open access to and neutrality of an ADR provider orneutral;
(ii) providing a broad selection of ADR providers or neutrals; and
(iii) creating objective criteria for an ADR provider or neutral to become qualified toconduct an agency ADR procedure.
(3) ADR procedures developed and used by an agency must be consistent with therequirements of Title 63G, Chapter 4, Administrative Procedures Act.
(4) ADR procedures are voluntary and may be used:
(a) at the discretion of the agency; or
(b) with an agency that has adopted an ADR procedure under Subsection (2), at therequest of an interested party to a dispute.
(5) An agency that chooses to use an ADR procedure shall develop an agreement withinterested parties that provides:
(a) (i) for the appointment of an ADR provider or a neutral;
(ii) whose appointment is agreed upon by all parties to the dispute;
(b) specifies any limitation periods applicable to the commencement or conclusion offormal administrative or judicial proceedings and, if applicable, specifies any time periods thatthe parties have agreed to waive; and
(c) sets forth how costs and expenses shall be apportioned among the parties.
(6) (a) An ADR provider or neutral agreed upon in Subsection (5) shall have no official,financial, or personal conflict of interest with any issue or party in controversy unless the conflictof interest is fully disclosed in writing to all of the parties and all of the parties agree that theperson may continue to serve.
(b) An agency may make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to develop standards to assure the neutrality of an ADRprovider or neutral.
(7) An agreement developed in accordance with Subsection (5) may be included in anenforcement order, stipulation, contract, permit, or other document entered into or issued by theagency.
(8) (a) The administrative head of an agency may designate an employee as the ADRcoordinator for that agency.
(b) The agency ADR coordinator shall:
(i) make recommendations to the agency's executive staff on issues and disputes that aresuitable for alternative dispute resolution;
(ii) analyze the agency's enabling statutes and rules to determine whether they contain
impediments to the use of ADR procedures and suggest any modifications;
(iii) monitor the agency's use of ADR procedures;
(iv) arrange for training of agency staff in ADR procedures; and
(v) provide information about the agency's ADR procedures to the agency's staff and tothe public.
(9) In order to implement the purposes of this chapter, an agency may employ or contractwith a neutral, an ADR provider, an ADR organization, another agency, or a private entity forany service necessary on a case-by-case basis, on a service basis, or on a program basis.
(10) ADR procedures developed and used under this chapter are subject to theconfidentiality requirements of Section 78B-6-208.
Amended by Chapter 3, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session
