Utah Code » Title 63G, Chapter 4 — Administrative Procedures Act; part 63G-4-1 — General Provisions
Utah Code

Utah Code § 63G-4-103 (2026)

Definitions

✓ current as of May 2026
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As used in this chapter:
"Adjudicative proceeding" means an agency action or proceeding described in Section 63G-4-102.
"Agency" means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state.
"Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute.
"Declaratory proceeding" means a proceeding authorized and governed by Section 63G-4-503.
"License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute.
"Party" means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding.
"Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency.
"Presiding officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding.
If fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.
A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.
"Respondent" means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person.
"Superior agency" means an agency required or authorized by law to review the orders of another agency.
This section does not prohibit an agency from designating by rule the names or titles of the agency head or the presiding officers with responsibility for adjudicative proceedings before the agency.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2014–2025 · leading case: Muddy Boys, Inc. v. Dep't of Com., 2019 UT App 33 (Utah Ct. App. 2019).
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Muddy Boys, Inc. v. Dep't of Com., 2019 UT App 33 (Utah Ct. App. 2019). · cites it 2× “See Utah Code Ann. § 63G-4-103(1)(b) (LexisNexis 2018) (defining "agency" as "a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state," but specifically excluding "the Legislature, the courts , the…”
Fastenal v. Labor Comm'n, 2020 UT App 53 (Utah Ct. App. 2020). · cites it 2× “” Utah Code Ann. § 63G-4-103(1)(h)(ii). And the record does not support Fastenal’s claim that fairness was compromised by the substitution.”
Danny's Drywall v. Labor Comm'n, 2014 UT App 277 (Utah Ct. App. 2014). “§ 63G-4-103(1)(a). Section 68G-4-102, in turn, does not say anything about a medical panel's examination.”
Ho v. Dep't of Com., 2020 UT App 37 (Utah Ct. App. 2020). · cites it 2× “§ 63G-4-103(1)(h)(i) (“‘Presiding officer’ means an agency head, or an individual or body of individuals designated by the agency head, by the agency’s rules, or by statute to conduct an adjudicative proceeding.”
Friends of Great Salt Lake v. Utah Dep't of Nat. Resources, 2017 UT 15 (Utah 2017). “§ 63G-4-103(l)(f). Friends cannot qualify as a party under this definition—it wasn’t the “agency or other person commencing an adjudicative proceeding,” it wasn’t a respondent, it wasn’t authorized by statute or rule to participate, and it didn’t seek to convert the informal…”
Utah Alunite Corp. v. Jones, 2016 UT App 11 (Utah Ct. App. 2016). · cites it 3× “§ 63G-4-103(1)(f)-(g) (2014), According to UAPA, a "person" is "an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or…”
Christensen v. Labor Comm'n, 2025 UT 55 (Utah 2025). · cites it 2× “§ 63G-4-103(1)(h)(i). The statute further specifies that “[i]f fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.”
Schvaneveldt v. South Davis Metro Fire, 2022 UT App 2 (Utah Ct. App. 2022). · cites it 2× “§ 63G-4-103(1)(b) (2019). South Davis Fire terminated Gary Schvaneveldt from his position as a firefighter.”
Fed. Trade Comm'n v. Nudge LLC (D. Utah 2021). “§ 63G-4-103(1)(a). 35 Id. § 13-15-6(4)(a).”
— Utah Code § 63G-4-103(1)(a) — 2 cases
Danny's Drywall v. Labor Comm'n, 2014 UT App 277 (Utah Ct. App. 2014). “§ 63G-4-103(1)(a). Section 68G-4-102, in turn, does not say anything about a medical panel's examination.”
Fed. Trade Comm'n v. Nudge LLC (D. Utah 2021). “§ 63G-4-103(1)(a). 35 Id. § 13-15-6(4)(a).”
— Utah Code § 63G-4-103(1)(b) — 2 cases
Muddy Boys, Inc. v. Dep't of Com., 2019 UT App 33 (Utah Ct. App. 2019). “See Utah Code Ann. § 63G-4-103(1)(b) (LexisNexis 2018) (defining "agency" as "a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state," but specifically excluding "the Legislature, the courts , the…”
Schvaneveldt v. South Davis Metro Fire, 2022 UT App 2 (Utah Ct. App. 2022). “§ 63G-4-103(1)(b) (2019). South Davis Fire terminated Gary Schvaneveldt from his position as a firefighter.”
— Utah Code § 63G-4-103(1)(f) — 1 case
Utah Alunite Corp. v. Jones, 2016 UT App 11 (Utah Ct. App. 2016). “§ 63G-4-103(1)(f)-(g) (2014), According to UAPA, a "person" is "an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or…”
— Utah Code § 63G-4-103(1)(g) — 1 case
Utah Alunite Corp. v. Jones, 2016 UT App 11 (Utah Ct. App. 2016). “§ 63G-4-103(1)(f)-(g) (2014), According to UAPA, a "person" is "an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or…”
— Utah Code § 63G-4-103(1)(h)(i) — 2 cases
Ho v. Dep't of Com., 2020 UT App 37 (Utah Ct. App. 2020). “§ 63G-4-103(1)(h)(i) (“‘Presiding officer’ means an agency head, or an individual or body of individuals designated by the agency head, by the agency’s rules, or by statute to conduct an adjudicative proceeding.”
Christensen v. Labor Comm'n, 2025 UT 55 (Utah 2025). “§ 63G-4-103(1)(h)(i). The statute further specifies that “[i]f fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.”
— Utah Code § 63G-4-103(1)(h)(ii) — 3 cases
Fastenal v. Labor Comm'n, 2020 UT App 53 (Utah Ct. App. 2020). “” Utah Code Ann. § 63G-4-103(1)(h)(ii). And the record does not support Fastenal’s claim that fairness was compromised by the substitution.”
Ho v. Dep't of Com., 2020 UT App 37 (Utah Ct. App. 2020). “§ 63G-4-103(1)(h)(i) (“‘Presiding officer’ means an agency head, or an individual or body of individuals designated by the agency head, by the agency’s rules, or by statute to conduct an adjudicative proceeding.”
Christensen v. Labor Comm'n, 2025 UT 55 (Utah 2025). “§ 63G-4-103(1)(h)(i). The statute further specifies that “[i]f fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.”
— Utah Code § 63G-4-103(l)(f) — 1 case
Friends of Great Salt Lake v. Utah Dep't of Nat. Resources, 2017 UT 15 (Utah 2017). “§ 63G-4-103(l)(f). Friends cannot qualify as a party under this definition—it wasn’t the “agency or other person commencing an adjudicative proceeding,” it wasn’t a respondent, it wasn’t authorized by statute or rule to participate, and it didn’t seek to convert the informal…”
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