Unless otherwise provided by statute or rule:
division shall schedule a hearing to determine whether an emergency order
should be affirmed, set aside, or modified based on the standards in Section
the division has previously:
(A) commenced an emergency adjudicative
proceeding in the matter; and
issued an order in accordance with Section 63G-4-502 that results in a
continued impairment of the affected party's rights or legal interests;
(ii) the affected
party timely submits a written request for a hearing.
(b) A hearing under this section shall be
conducted in conformity with the procedures of Section
(a) Upon request for a hearing under this
section, the division shall conduct a hearing as soon as reasonably practical
but not later than 20 days from the receipt of a written request unless the
division and the party requesting the hearing agree in writing to conduct the
hearing at a later date.
division has the burden of proof to establish, by a preponderance of the
evidence, that the requirements of Section
have been met.
(a) Except as otherwise provided by statute,
the division director or designee shall select an individual or body of
individuals to act as presiding officer at the hearing.
(b) An individual who directly participated
in issuing the emergency order may not act as the presiding officer.
(a) Within 15 calendar days after the day the
hearing to consider the emergency order concludes, the presiding officer shall
issue an order in accordance with Section
(b) The order of the presiding officer is
subject to agency review.
Utah Admin. Code
State Bulletin Number 2021-02, effective
State Bulletin Number 2022-18, effective