Utah Code

Utah Code § 63G-6a-1603 (2026)

Protest officer responsibilities and authority -- Proceedings on protest -- Effect of decision

✓ current as of May 2026

Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

After a protest is filed, the protest officer shall determine whether the protest is timely filed and complies fully with the requirements of Section 63G-6a-1602.

If the protest officer determines that the protest is not timely filed or that the protest does not fully comply with Section 63G-6a-1602, the protest officer shall dismiss the protest without holding a hearing.

If the protest officer determines that the protest is timely filed and complies fully with Section 63G-6a-1602, the protest officer shall:

dismiss the protest without holding a hearing if the protest officer determines that the protest alleges facts that, if true, do not provide an adequate basis for the protest;

uphold the protest without holding a hearing if the protest officer determines that the undisputed facts of the protest indicate that the protest should be upheld; or

hold a hearing on the protest if there is a genuine issue of material fact or law that needs to be resolved in order to determine whether the protest should be upheld.

If a hearing is held on a protest, the protest officer may:

subpoena witnesses and compel their attendance at the protest hearing;

subpoena documents for production at the protest hearing;

obtain additional factual information; and

obtain testimony from experts, the person filing the protest, representatives of the procurement unit, or others to assist the protest officer to make a decision on the protest.

The Rules of Evidence do not apply to a protest hearing.

A rulemaking authority shall make rules relating to intervention in a protest, including designating:

who may intervene; and

the time and manner of intervention.

A protest officer shall:

record each hearing held on a protest under this section;

regardless of whether a hearing on a protest is held under this section, preserve all records and other evidence relied upon in reaching the protest officer's written decision until the decision, and any appeal of the decision, becomes final; and

if the protestor appeals the protest officer's decision, submit the protest appeal record to the procurement policy board chair within seven days after receiving:

notice that an appeal of the protest officer's decision has been filed under Section 63G-6a-1702; or

a request for the protest appeal record from the chair of the procurement policy board.

A protest officer's holding a hearing, considering a protest, or issuing a written decision under this section does not affect a person's right to later question or challenge the protest officer's jurisdiction to hold the hearing, consider the protest, or issue the decision.

The deliberations of a protest officer may be held in private.

If the protest officer is a public body, as defined in Section 52-4-103, the protest officer shall comply with Section 52-4-205 in closing a meeting for its deliberations.

A protest officer shall promptly issue a written decision regarding any protest, unless the protest is settled by mutual agreement.

The decision shall:

state the reasons for the action taken;

inform the protestor of the right to judicial or administrative review as provided in this chapter; and

indicate the amount of the security deposit or bond required under Section 63G-6a-1703.

A person who issues a decision under Subsection (6)(a) shall mail, email, or otherwise immediately furnish a copy of the decision to the protestor.

A decision described in this section is effective until stayed or reversed on appeal, except to the extent provided in Section 63G-6a-1903.

A decision described in Subsection (6)(a) that is issued in relation to a procurement unit other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district is final and conclusive unless the protestor files an appeal under Section 63G-6a-1702.

A decision described in Subsection (6)(a) that is issued in relation to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district is final and conclusive unless the protestor files an appeal under Section 63G-6a-1802.

If the protest officer does not issue the written decision regarding a protest within 30 calendar days after the day on which the protest was filed with the protest officer, or within a longer period as may be agreed upon by the parties, the protester may proceed as if an adverse decision had been received.

A determination under this section by the protest officer regarding an issue of fact may not be overturned on appeal unless the decision is arbitrary and capricious or clearly erroneous.

An individual is not precluded from acting, and may not be disqualified or required to be recused from acting, as a protest officer because the individual also acted in another capacity during the procurement process, as required or allowed in this chapter.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2015–2026 · leading case: Byrne & Jones Enter., Inc. d/b/a Byrne & Jones Constr. v. Monroe City R-1 Sch. Dist., 493 S.W.3d 847 (Mo. 2016).

Sort: Relevance Newest Treatment

Byrne & Jones Enter., Inc. d/b/a Byrne & Jones Constr. v. Monroe City R-1 Sch. Dist., 493 S.W.3d 847 (Mo. 2016). · cites it 2× “201 (agency director’s decision is final and no further appeals permitted); Utah Code § 63G-6a-1602 (providing for the filing of an award protest by “a person” with “standing” and who “is aggrieved in connection with a procurement or an award of contract”); Utah Code §…”

WellSky Corp. v. Procurement Policy Bd., 2026 UT App 12 (Utah Ct. App. 2026). · cites it 17× “§ 63G-6a-1603(1)–(2), Utah law mandates that a “protest officer shall” take one of the following three options: (a) dismiss the protest without holding a hearing if the protest officer determines that the protest alleges facts that, if true, do not provide an adequate basis for…”

FirstDigital Telecom, LLC v. Procurement Policy Bd., 2015 UT App 47 (Utah Ct. App. 2015). · cites it 2× “Utah Code section 63G-6a-1603(8) states, "The [Protest Officer's] decision shall .”

— Utah Code § 63G-6a-1603(1) — 1 case

WellSky Corp. v. Procurement Policy Bd., 2026 UT App 12 (Utah Ct. App. 2026). “§ 63G-6a-1603(1)–(2), Utah law mandates that a “protest officer shall” take one of the following three options: (a) dismiss the protest without holding a hearing if the protest officer determines that the protest alleges facts that, if true, do not provide an adequate basis for…”

— Utah Code § 63G-6a-1603(3) — 1 case

— Utah Code § 63G-6a-1603(3)(a) — 1 case

— Utah Code § 63G-6a-1603(3)(b) — 1 case

— Utah Code § 63G-6a-1603(3)(c) — 1 case

— Utah Code § 63G-6a-1603(4) — 1 case

— Utah Code § 63G-6a-1603(7) — 1 case

Byrne & Jones Enter., Inc. d/b/a Byrne & Jones Constr. v. Monroe City R-1 Sch. Dist., 493 S.W.3d 847 (Mo. 2016). “201 (agency director’s decision is final and no further appeals permitted); Utah Code § 63G-6a-1602 (providing for the filing of an award protest by “a person” with “standing” and who “is aggrieved in connection with a procurement or an award of contract”); Utah Code §…”

— Utah Code § 63G-6a-1603(8) — 1 case

FirstDigital Telecom, LLC v. Procurement Policy Bd., 2015 UT App 47 (Utah Ct. App. 2015). “Utah Code section 63G-6a-1603(8) states, "The [Protest Officer's] decision shall .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.