Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-302 - Motion to Dismiss

Universal Citation: UT Admin Code R 151-4-302

Current through Bulletin 2024-06, March 15, 2024

(1) A party wishing to file a motion to dismiss on any grounds described in Rule 12(b)(1) through 12(b)(7) of the Utah Rules of Civil Procedure, shall file the motion before filing a responsive pleading.

(2) In a case that is under agency review:

(a) a party may file a motion to dismiss for:
(i) failure to comply with a jurisdictional deadline;

(ii) failure to file a hearing transcript; or

(iii) failure to file a required memorandum.

(b) A party may not file a motion to dismiss on an allegation or argument as to:
(i) the sufficiency of a pleading or a memorandum in support;

(ii) the sufficiency of the evidence; or

(iii) any other issue that requires substantive analysis.

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