Rep. Sheryl Allen, R-Bountiful, filed a 48-page petition Friday asking the board to issue an order saying a partial voucher law that remains on the books isn't enough to authorize the program.

Today, the board heard testimony from Allen's attorney, Alan Smith, that House Bill 174 can't be implemented without House Bill 148, the original voucher law. HB 148 is on hold until voters decide the issue in November, but voucher proponents and Attorney General Mark Shurtleff said Tuesday that HB 174 is enough to move forward with the program.

Smith disagrees.

"It's an amendment, for crying out loud," he said. "You've got to deal with them together."

If the board votes to honor Allen's request, voucher proponents would have 30 days to file and appeal to the Utah Court of Appeals. That court could send then issue directly to the state Supreme Court for a ruling on whether HB 174 can stand alone and establish the voucher program.