Utah Admin. Code R277-212-7 - Burden and Standard of Proof for UPPAC Proceedings
(1) In matters other than those involving
applicants for licensing, and excepting the presumptions under Subsection
R277-212-11, the Board shall
have the burden of proving that an action against the license is appropriate.
(2) An applicant for licensing has
the burden of proving that licensing is appropriate.
(3) The standard of proof in all UPPAC
hearings is a preponderance of the evidence.
(4) The Utah Rules of Evidence are not
applicable to UPPAC proceedings.
(5) The criteria to decide an evidentiary
question are:
(a) reasonable reliability of
the offered evidence;
(b) fairness
to both parties; and
(c) usefulness
to UPPAC in reaching a decision.
(6) The hearing officer has the sole
responsibility to determine the application of the hearing rules and the
admissibility of evidence.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.