5. Waiting for a response.

The chief administrative officer must make a determination on the appeal within five business days of receiving the notice of appeal or, if a business confidentiality claim is at issue, within twelve business days of receiving the notice of appeal. See Utah Code Ann. § 63G-2-401(5). If no determination is made within the specified time period, the failure to make a determination shall be considered an order denying the appeal. See id. In Young v. Salt Lake County, 52 P.3d 1240, 1243 (Utah 2002), the Utah Supreme Court concluded that the chief administrative officer’s belated response to an appeal was the determinative date in evaluating the timeliness of an appeal. The court held that the chief administrative officer’s eventual response to the appeal enabled the petitioner to file a petition for judicial review within 30 days from the response. If the chief administrative officer had not responded at all, however, the petitioner’s appeal would have been deemed untimely, as it was outside the 35-day period provided by Utah Code section 63G-2-404(2)(b)(ii). See id. at 1244.