| (1) |
Terms Used In Utah Code 4-8-106- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- 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.
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
| (a) |
Whenever the department has reason to believe that a person has, or is, engaged in the violation of this chapter, it shall issue a notice of agency action. |
| (b) |
If the commissioner, or a hearing officer designated by the commissioner, determines by a preponderance of the evidence that any person named in the complaint has engaged, or is engaging, in an act that violates this chapter, the officer shall:
| (i) |
prepare written findings of fact; and |
| (ii) |
issue an order requiring the person to cease and desist from the illegal activity. |
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| (2) |
The department may petition any court of competent jurisdiction for enforcement of its cease and desist order. |
| (3) |
Any person who is subject to a cease and desist order may obtain judicial review. |
| (4) |
The attorney general’s office shall represent the department in any original action or appeal begun under this section. |
Renumbered and Amended by Chapter 345, 2017 General Session
