4-37-602. Adjudicative proceedings — Presiding officer.
Terms Used In Utah Code 4-37-602
- Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
- Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- 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.
- 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
| (2) |
The revocation of an aquaculture facility’s license, the denial of an aquaculture facility‘s future license, and a denial or cancellation of an aquaculture facility’s health approval number is a state agency action governed by Title 63G, Chapter 4, Administrative Procedures Act. |
| (3) |
| (a) |
An owner or operator of an aquaculture facility may ask for an agency review, as provided by Section 63G-4-301, of an agency action specified in Subsection (2). |
| (b) |
The presiding officer, as defined in Section 63G-4-103, conducting the agency review shall consist of three members as follows:
| (ii) |
one person representing the aquaculture industry, appointed by the governor from names submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes the efficient production, distribution, and marketing of aquaculture products and the welfare of all persons engaged in aquaculture; and |
| (iii) |
one person, appointed by the governor, who is knowledgeable about aquatic diseases and is employed by an institution of higher education. |
|
| (c) |
If the governor rejects all the names submitted under Subsection (3)(b)(ii), the recommending nonprofit corporation shall submit additional names. |
| (d) |
The final decision of the presiding officer shall be adopted upon approval of at least two of the members. |
| (e) |
The term for the member listed in Subsection (3)(b)(i) shall be the same as provided in Section 4-37-503. |
| (f) |
The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be four years. |
|
| (4) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
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Amended by Chapter 79, 2022 General Session
Amended by Chapter 286, 2010 General Session
