WellSky Corporation v. Procurement Policy Board
WellSky Corporation v. Procurement Policy Board, 2026 UT App 12 (Harris, J.)
Administrative Law
The Utah Court of Appeals held:
- The Board’s decision dismissing WellSky’s protest after considering evidence in the record—but without holding a hearing—is not authorized by the statutes governing the procurement process.
- Practice tip: If a protest is timely filed and otherwise compliant, Utah law mandates that a protest officer is limited to taking one of the three options listed in Utah Code § 63G-6a-1603(3).
- Practice tip: Under the governing statutes, records and documents in a procurement action are subject to specific limitations. The protest appeal record is defined by statute, and only records relied upon by the protest officer in rendering his or her decision are to be included in the protest appeal record, along with the other specified records.