Utah Admin. Code R708-2-21 - Procedures Governing Informal Adjudicative Proceedings
(1) The following procedures will govern
informal adjudicative proceedings:
(a) the
division shall commence an action to revoke, place on probation, or refuse to
issue or renew a license by the issuance of notice of agency action;
(i) the notice of agency action shall comply
with Section
63G-4-201; and
(ii) the notice of agency action shall not
require a response from the recipient.
(b) an opportunity for a hearing shall be
granted on a revocation, probation or refusal to issue or renew a license when
the division receives in writing a proper request for a hearing;
(c) the division shall send written notice of
a hearing to the licensee or applicant at least 14 days prior to the date of
the hearing;
(d) no discovery,
either compulsory or voluntary, shall be permitted prior to the hearing except
that each party shall have access to information in the division's files, and
to investigator information and materials not restricted by law;
(e) the division shall designate an
individual or panel to conduct the hearing;
(f) within 20 days after the date of the
close of the hearing, or after the failure of a party to appear for the
hearing, the individual or panel conducting the hearing shall issue a written
decision that shall constitute final agency action; and
(g) the written decision shall state the
decision, the reason for the decision, notice of right to request
reconsideration under Section
63G-4-302, notice of right of
judicial review under Section
63G-4-402, and the time limits
for filing an appeal to the appropriate district court.
(3) If a commercial driver training school
license is revoked, placed on probation or refused renewal:
(a) contracts, records, properties, training
activities, obligations, or licenses shall not be transferred to another party;
and
(b) existing classroom and
behind-the-wheel training hours shall not be transferred to another school for
completion.
(4) If a
commercial driver training school license is revoked or refused renewal under
Section 63G-4-502, the school shall not
be authorized to conduct business unless otherwise determined at a
hearing.
(5) If an instructor
license is revoked, placed on probation, or refused renewal under Section
63G-4-502, and the school license
is valid, the school may continue operation provided that an instructor
employed by the school with a valid instructor license ensures operation does
not compromise public safety.
(6)
If an operator license is revoked, placed on probation, or refused renewal
under Section 63G-4-502, and the school license is valid, the school may
continue operation provided that an operator employed by the school with a
valid operator license ensures operation does not compromise public
safety.
(7) A license may be placed
on probation upon approval of the division director or designee.
(a) A licensee placed on probation shall be
subject to a period of close supervision with conditions determined by the
division.
(b) During a period of
probation, provided that the terms of the probation agreement are adhered to by
the probationer licensee, the license shall remain valid.
Notes
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