58-1-109. Presiding officers — Content of orders — Recommended orders — Final orders — Appeal of orders.
| (1) |
Terms Used In Utah Code 58-1-109- Adjudicative proceeding: means :Utah Code 68-3-12.5
- 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.
- Person: means :Utah Code 68-3-12.5
- 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.
- Statute: A law passed by a legislature.
- Writing: includes :Utah Code 68-3-12.5
| (a) |
Unless otherwise specified by statute or rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the presiding officer for adjudicative proceedings before the division is the director. |
| (b) |
Under Title 63G, Chapter 4, Administrative Procedures Act, the director may designate in writing an individual or body of individuals to act as presiding officer to conduct or assist the director in conducting any part or all of an adjudicative proceeding. |
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| (2) |
Unless otherwise specified by the director, an administrative law judge shall be designated as the presiding officer to conduct formal adjudicative proceedings in accordance with Subsection 63G-4-102(4), Sections 63G-4-204 through 63G-4-207, and 63G-4-209. |
| (3) |
| (a) |
Unless otherwise specified by the director, the licensing board of the profession that is the subject of the proceedings shall be designated as the presiding officer to serve as fact finder at the evidentiary hearing in a formal adjudicative proceeding. |
| (b) |
| (i) |
If the licensing board is composed of seven or more members, the director may designate any odd number of board members to represent the licensing board as the presiding officer under Subsection (3)(a). |
| (ii) |
Notwithstanding Subsection 58-1-201(3), the vote of the majority of the board members designated under Subsection (3)(b)(i) is sufficient authority for the licensing board to act as the presiding officer. |
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| (4) |
| (a) |
At the close of an evidentiary hearing in an adjudicative proceeding, unless otherwise specified by the director, the presiding officer who served as the fact finder at the hearing shall issue a recommended order based on the record developed at the hearing determining all issues pending before the division. |
| (b) |
If the director designates certain licensing board members under Subsection (3)(b) to represent the licensing board described in Subsection (3)(a), the person who is aggrieved by the designated board members’ recommended order may petition the licensing board to review the designated board members’ recommended order. |
| (c) |
The licensing board shall issue a recommended order based on the review under Subsection (4)(b) that shall become the recommended order of the presiding officer. |
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| (5) |
| (a) |
| (i) |
The director shall issue a final order affirming the recommended order or modifying or rejecting all or any part of the recommended order and entering new findings of fact, conclusions of law, statement of reasons, and order based on the director’s personal attendance at the hearing or a review of the record developed at the hearing. |
| (ii) |
Before modifying or rejecting a recommended order, the director shall consult with the presiding officer who issued the recommended order. |
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| (b) |
| (i) |
If the director issues a final order modifying or rejecting a recommended order, the licensing board of the profession that is the subject of the proceeding may, by a two-thirds majority vote of all board members, petition the executive director or designee within the department to review the director’s final order. |
| (ii) |
The executive director’s decision shall become the final order of the division. |
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| (c) |
This Subsection (5) does not limit the right of the parties to appeal the director’s final order by filing a request for agency review under Subsection (8). |
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| (6) |
If the director is unable for any reason to rule on a recommended order of a presiding officer, the director may designate another person within the division to issue a final order. |
| (7) |
If the director or the director’s designee does not initiate additional fact finding or issue a final order within 20 calendar days after the day on which the recommended order of the presiding officer is issued, the recommended order becomes the final order of the director or the director’s designee. |
| (8) |
The final order of the director may be appealed by filing a request for agency review with the executive director or the executive director’s designee within the department. |
Amended by Chapter 223, 2023 General Session
