Utah Admin. Code R156-46b-202 - Informal Adjudicative Proceedings

(1) Pursuant to Section 63G4-202, the following adjudicative proceedings commenced by other than a notice of agency action are designated as informal adjudicative proceedings:

(a) approval or denial of an application for:

(i) initial licensure;

(ii) renewal or reinstatement of licensure;

(iii) relicensure;

(iv) inactive or emeritus licensure status;

(v) a tax credit certificate by a psychiatrist, psychiatric mental health nurse practitioner, or volunteer retired psychiatrist under Section 58-1-111; or

(vi) criminal history determination;

(b) favorable or unfavorable determination, based on an application for criminal history determination under Section 58-1-310;

(c) approval or denial of claims against the Residence Lien Recovery Fund created under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;

(d) payment of approved claims against the Residence Lien Recovery Fund under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;

(e) approval or denial of a request:

(i) to surrender licensure;

(ii) for entry into and participation in the Utah Professionals Health Program under Title 58, Chapter 4a, Utah Professionals Health Program;

(iii) for modification of a disciplinary order;

(iv) for correction of procedural or clerical mistakes; or

(v) for correction of other than procedural or clerical mistakes;

(f) matters relating to Title 58, Chapter 4a, Utah Professionals Health Program, including:

(i) approval or denial of a request for modification of a program contract or diversion agreement;

(ii) matters relating to a program contract or diversion agreement that do not involve termination under Section 58-4a-107; or

(iii) determination of a licensee's successful completion of the Utah Professionals Health Program;

(g) citation hearings held in accordance with citation authority established under Title 58, Occupations and Professions;

(h) declaratory order determining the applicability of statute, rule or order to specified circumstances, when determined by the director to be conducted as an informal adjudicative proceeding;

(i) disciplinary sanctions imposed in a stipulation or memorandum of understanding with an applicant for licensure; and

(j) other requests for agency action permitted by statute or rule governing the Division not specifically designated as formal adjudicative proceedings in Subsection R156-46b-201(1).

(2) Pursuant to Section 63G-4-202, the following adjudicative proceedings commenced by a notice of agency action are designated as informal adjudicative proceedings:

(a) nondisciplinary proceedings that result in cancellation of licensure;

(b) disciplinary proceedings against:

(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act;

(ii) a controlled substance licensee under Subsection 58-37-6(4)(g);

(iii) a contract security company or armored car company licensed under Title 58, Chapter 63, Security Personnel Licensing Act, for failure to replace a qualifier as required under Section 58-63-306; or

(iv) a hunting guide or outfitter registered under Title 58, Chapter 79, Hunting Guides and Outfitters Registration Act, for unprofessional conduct under Subsections R156-79-502(12) or R156-79-502(14);

(c) disciplinary proceedings commenced by a notice of agency action and order to show cause concerning violations of an order governing a license;

(d) disciplinary proceedings commenced by a notice of agency action in which the allegations of misconduct are limited to one or more of the following:

(i) Subsections 58-1-501(2)(c) or (d); or

(ii) Subsections R156-1-501(1) through (5); and

(e) disciplinary proceedings commenced by a notice of agency action concerning evaluation or verification of documentation showing completion of or compliance with renewal requirements under Subsection 58-1-308(4)(b).

Notes

Utah Admin. Code R156-46b-202

Amended by Utah State Bulletin Number 2017-7, effective 3/13/2017 Amended by Utah State Bulletin Number 2020-02, effective 12/23/2019 Amended by Utah State Bulletin Number 2021-07, effective 3/25/2021