(1)  If the department has reason to believe that a licensee or registrant is or has engaged in conduct that violates this title, the department shall issue and serve a notice of agency action.

Terms Used In Utah Code 4-1-106

  • 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.
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
(2)  The commissioner, or the hearing officer designated by the commissioner, may suspend or revoke a person‘s license or registration if the commissioner or hearing officer finds by a preponderance of the evidence that the person is engaging, or has engaged, in conduct that violates this title.

(3) 

(a)  Any person whose registration or license is suspended or revoked under this section may obtain judicial review.

(b)  Venue for judicial review of informal adjudicative proceedings is in the district court in the county where the alleged acts giving rise to the suspension or revocation occurred.

(4)  The attorney general shall represent the department in any original action or appeal commenced under this section.

Renumbered and Amended by Chapter 345, 2017 General Session