DAVIS, Judge:
¶ 1 Lori Ramsay and Dan Smalling, individually and as representatives of a class of similarly situated individuals (collectively, Plaintiffs), appeal the trial court's dismissal of their complaint for lack of subject matter jurisdiction. We affirm in part and reverse in part. We affirm the trial court's dismissal with respect to those claims that fall under the Utah State Retirement and Insurance Benefit Act (the Act) and reverse and remand with instructions for the trial court to
¶ 2 Plaintiffs filed a complaint on December 16, 2009, alleging several claims against the Kane County Human Resource Special Service District (the Hospital),
¶ 3 Plaintiffs argue that the trial court erred in dismissing their case for lack of subject matter jurisdiction instead of staying the case while awaiting resolution of the proceeding before the Board.
¶ 4 Plaintiffs argue that the trial court incorrectly dismissed their case for failure
¶ 5 The UAPA's requirement that a party seeking review of an administrative decision must first exhaust all available administrative remedies is a matter of subject matter jurisdiction. See Nebeker v. Utah State Tax Comm'n, 2001 UT 74, ¶ 14, 34 P.3d 180 ("As a general rule, parties must exhaust applicable administrative remedies as a prerequisite to seeking judicial review." (internal quotation marks omitted)); Republic Outdoor Adver., LC v. Utah Dep't of Transp., 2011 UT App 198, ¶ 30, 258 P.3d 619 (upholding the trial court's determination that the plaintiff's "failure to exhaust its administrative remedies left the [trial] court without subject matter jurisdiction to review" the plaintiff's claims). "Subject matter jurisdiction is the power and authority of the court to determine a controversy and without which it cannot proceed. If a court acts beyond its authority those acts are null and void." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App.1989) (citation and internal quotation marks omitted). Accordingly, "subject matter jurisdiction cannot be waived," Chen v. Stewart, 2004 UT 82, ¶ 34, 100 P.3d 1177, and when a court determines that "a matter is outside the court's jurisdiction it retains only the authority to dismiss the action," Varian-Eimac, 767 P.2d at 570.
¶ 6 Here, the trial court determined that it did not have subject matter jurisdiction over any of Plaintiffs' claims against any of the defendants in light of the ongoing administrative proceeding initiated by URS against the Hospital, which Ramsay and Smalling joined. However, Plaintiffs contend that "the scope of the URS action before the [B]oard ... is limited under ... the Act and under the terms of [URS's] Notice of Board Action." They argue that the administrative proceeding is merely "a collection proceeding against [the Hospital that] ... does not attempt to obtain anything but a ruling ... that [the Hospital] was required to fund its employees' retirement benefits at the minimum levels outlined in the Act." Plaintiffs note that URS does not "attempt to bring claims based on contract, tort or breach of fiduciary duty nor does URS purport to represent the interests of Ramsay, Smalling or any other employee of [the Hospital] per se." Additionally, Plaintiffs point out that "Johnson and John Hancock are not parties to the [administrative proceeding]." In other words, Plaintiffs argue that "[a]t least some of the causes of action in this case ... fall outside the scope of the Act" and therefore outside the scope of the administrative proceeding. As a result, Plaintiffs contend that "the district court, and only the district court, has jurisdiction over those claims."
¶ 7 We agree with Plaintiffs' argument that "[a]t least some of the causes of action in this case ... fall outside the scope of the
¶ 8 We conclude that to the extent Plaintiffs' complaint raises issues "regarding a benefit, right, obligation, or employment right under" the Act, see Utah Code Ann. § 49-11-613(1)(b), Plaintiffs must first exhaust their administrative remedies before seeking judicial review. See Patterson v. American Fork City, 2003 UT 7, ¶ 17, 67 P.3d 466 ("Where the legislature has imposed a specific exhaustion requirement ..., [courts] will enforce it strictly."). Thus, those claims were properly dismissed. See generally Varian-Eimac, 767 P.2d at 570 ("When a matter is outside the court's jurisdiction it retains only the authority to dismiss the action."). Conversely, to the extent Plaintiffs' claims do not fall under the Act, the trial court's dismissal for lack of subject matter jurisdiction is reversed. Nevertheless, because those claims may be affected by the outcome of the administrative proceeding, we instruct the trial court to stay its proceedings until the completion of the administrative hearing. We do not rule on the Plaintiffs' challenge to the trial court's venue determination and, instead, invite the trial court to revisit the venue issue, along with Plaintiffs' remaining claims, once the administrative proceeding is complete.
¶ 9 The trial court correctly dismissed those of Plaintiffs' claims that fell under the ambit of the Act for lack of subject matter jurisdiction in light of Plaintiffs' failure to first exhaust their administrative remedies before seeking judicial review. However, the trial court incorrectly dismissed those of Plaintiffs' claims that do not fall within the ambit of the Act. Consequently, we affirm in part and reverse and remand in part, with instructions for the trial court to stay the proceedings as to the claims that do not fall under the Act, which can only be identified at the close of the administrative proceeding.
¶ 10 I CONCUR: WILLIAM A. THORNE JR., Judge.
¶ 11 I CONCUR IN THE RESULT: J. FREDERIC VOROS JR., Associate Presiding Judge.