Utah Admin. Code R698-5-6 - Adjudicative Proceedings
(1) All
adjudicative proceedings performed by the SERC shall proceed informally as
authorized by Sections
63G-4-201 through
63G-4-203.
(2) An agency whose request to create, modify
or dissolve an LEPC is denied by the SERC shall have an opportunity for a
hearing before the SERC if requested by that agency within 20 days after
receiving notice.
(3) The SERC
shall act as the hearing authority, and shall convene after timely notice to
all parties involved.
(a) The members of the
SERC acting as the hearing authority shall consist of:
(i) the Commissioner of the Department of
Public Safety; and
(ii) the
Executive Director of the Department of Environmental Quality.
(b) The SERC shall also be joined
when acting as the hearing authority by a representative from the Attorney
General's Office.
(4)
After acting as the hearing authority, the SERC shall direct the secretary to
issue a signed order to the agency involved giving the decision of the SERC
within a reasonable time of the hearing pursuant to Section
63G-4-203.
(5) Reconsideration of
the SERC decision may be requested in writing within 20 days of the date of the
decision pursuant to Section
63G-4-302.
(6) Judicial review of all final SERC actions
resulting from informal adjudicative proceedings shall be conducted pursuant to
Section 63G-4-402.
Notes
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