Utah Admin. Code R708-37-8 - Procedures Governing Informal Adjudicative Proceedings
(1) The following procedures will govern
informal adjudicative proceedings:
(a) the
division shall begin an action to suspend, place on probation, or refuse to
issue certification to administer tests 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 suspension, probation or refusal to issue certification 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 before the date of the
hearing;
(d) no discovery, either
compulsory or voluntary, shall be permitted before 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.
(2) If a certification is suspended, placed
on probation or an applicant is refused certification, contracts, records,
properties, training activities, obligations, or licenses shall not be
transferred to another party.
(3)
If a certification is suspended or an applicant is refused certification under
Section 63G-4-502, the tester shall not
administer the test unless otherwise determined at a hearing.
(4) A certification may be placed on
probation upon approval of the division director or designee.
(5) A certification that has been placed on
probation shall be subject to a period of close supervision with conditions
determined by the division.
Notes
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