58-1-402. Administrative review — Special appeals boards.
| (1) |
Terms Used In Utah Code 58-1-402- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
Any applicant who has been denied a license to practice on the basis of credentials, character, a criminal record, or failure to pass a required examination, or who has been refused renewal or reinstatement of a license to practice on the basis that the applicant does not meet qualifications for continued licensure in any occupation or profession under the jurisdiction of the division may submit a request for agency review to the executive director within 30 days following notification of the denial of a license or refusal to renew or reinstate a license. |
| (b) |
The executive director shall determine whether the circumstances for denying an application for an initial license or for renewal or reinstatement of a license would justify calling a special appeals board under Subsection (2). The executive director’s decision is not subject to agency review. |
|
| (2) |
A special appeals board shall consist of three members appointed by the executive director as follows:
| (a) |
one member from the occupation or profession in question who is not on the board of that occupation or profession; |
| (b) |
one member from the general public who is neither an attorney nor a practitioner in an occupation or profession regulated by the division; and |
| (c) |
one member who is a resident lawyer currently licensed to practice law in this state who shall serve as chair of the special appeals board. |
|
| (4) |
| (a) |
Within a reasonable amount of time following the conclusion of a hearing before a special appeals board, the board shall enter an order based upon the record developed at the hearing. The order shall state whether a legal basis exists for denying the application for an initial license or for renewal or reinstatement of a license that is the subject of the appeal. The order is not subject to further agency review. |
| (b) |
The division or the applicant may obtain judicial review of the decision of the special appeals board in accordance with Sections 63G-4-401 and 63G-4-403. |
|
| (5) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
|
| (6) |
If an applicant under Subsection (1) is not given a special appeals board, the applicant shall be given agency review under the ordinary agency review procedures specified by rule. |
Amended by Chapter 289, 2020 General Session
