Utah Admin. Code R708-48-12 - Adjudicative Proceedings
(1) All
adjudicative proceedings set forth in this section shall be conducted
informally as provided in Section
63G-4-202.
(2) The division shall initiate agency action
against an provider or installer with a notice of agency action in accordance
with Section
63G-4-201.
(3)
(a) An
ignition interlock system provider or ignition interlock system installer who
receives a notice of agency action indicating that the division intends to
deny, cancel or revoke a license may request a hearing by filing a written
request for hearing with the division within 10 calendar days from the date the
notice of agency action is issued.
(b) If a timely request for hearing is filed,
the agency action shall be stayed until the division's hearing officer issues a
written decision.
(c) A hearing
shall be held before the division's hearing officer within 30 calendar days
from the day that the division receives the written request for hearing, unless
agreed to by the parties.
(d) At
the hearing, the provider or installer shall have an opportunity to demonstrate
why the division should not take agency action.
(e) The hearing officer shall issue a written
decision within 10 business days after the hearing in accordance with Section
63G-4-203.
(f) The written decision of the hearing
officer shall constitute final agency action and is subject to judicial review
in accordance with Section
63G-4-402.
Notes
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