Utah Admin. Code R156-1-109a - Designation of Board Panel - Petition for Review of Panel Decision
(1)
(a)
Under Subsection
58-1-109(3)(b)
the Director may designate any odd number of board members on a case-by-case or
period-of-time basis to represent a licensing board as the presiding
officer.
(b) If the Director has
not designated board members under Subsection (1)(a) or insufficient board
members are able to serve, the bureau manager or licensing board chair may
designate the board members to serve.
(2)
(a)
Under Subsection
58-1-109(4)(b)
and Section R151-4-401, to petition the
licensing board to review a recommended order issued by the designated board
members, the aggrieved person shall file with the Division the petition form
available from the Division within ten calendar days after the day on which the
recommended order is issued.
(b)
The petition shall:
(i) be signed by the
aggrieved person seeking review;
(ii) state the grounds for review and the
relief requested;
(iii) state the
date upon which the petition was filed with the Division; and
(iv) be concurrently served on each party and
any administrative law judge who is assigned to the case.
(3) If the aggrieved person does
not file a petition in accordance with Subsection (2), the designated board
members' recommended order becomes the final recommended order of the licensing
board.
(4)
(a) As determined by the Division, a
licensing board may review a properly filed petition together with the
designated board members' recommended order at the licensing board's next
regularly scheduled board meeting, or at a specially noticed board
meeting.
(b) Under Subsection
58-1-109(4)(c),
after review a licensing board may issue its recommended order by affirming the
designated board members' recommended order, or modifying or rejecting all or
any part of that recommended order and entering new findings of fact,
conclusions of law, statement of reasons, and order.
Notes
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