63A-5b-606 Dispute resolution process -- Penalties for fraud or bad faith claim.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall adopt rules for the division establishing a process for resolving disputes involved with contracts under the division’s procurement authority.
(2) The director shall consider, and the rules may include:
(a) requirements regarding preliminary resolution efforts between the parties directly involved with the dispute;
(j) a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections 63G-4-401 and 63G-4-402;
(k) a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section;
(l) requirements for claims and disputes to be eligible for the dispute resolution process under this section;
(m) the use of an independent hearing officer or panel or the use of arbitration or mediation; and
(n) the circumstances under which a subcontractor may file a claim directly with the division.
(3) A person pursuing a claim under the process established as provided in this section: