Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
commence an informal adjudicative proceeding within 120 days of receiving a completed application;
(b)
meet with the applicant and objecting interested parties and provide no less than 120 days for a negotiated resolution, consistent with the criteria in Section 26B-4-162;
(c)
set aside a separate time during the proceedings to accept public comment on the application; and
(d)
present a written decision to the executive director if a resolution has been reached that satisfies the criteria in Section 26B-4-162.
(2)
At any time during an informal adjudicative proceeding under Subsection (1), any party may request conversion of the informal adjudicative proceeding to a formal adjudicative proceeding in accordance with Section 63G-4-202.
(3)
Upon conversion to a formal adjudicative proceeding, a hearing officer shall be assigned to the application as provided in Section 26B-4-163. The hearing office shall:
(a)
set aside a separate time during the proceedings to accept public comment on the application;
(b)
apply the criteria established in Section 26B-4-162; and
(c)
present a recommended decision to the executive director in writing.
(4)
The executive director may, as set forth in a final written order, accept, modify, reject, or remand the decision of a presiding or hearing officer after:
(a)
reviewing the record;
(b)
giving due deference to the officer’s decision; and
(c)
determining whether the criteria in Section 26B-4-162 have been satisfied.
Renumbered and Amended by Chapter 307, 2023 General Session
