Utah Admin. Code R708-53-10 - Procedures Governing Informal Adjudicative Proceedings
(1) The following procedures will govern
informal adjudicative proceedings:
(a) the
division shall commence an action to suspend, place on probation, or refuse to
certify a course offered by a commercial driver training school 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 certify a course 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.
(2) If a course offered by a school is
suspended, placed on probation or refused certification:
(a) contracts, records, properties, training
activities, obligations, or licenses shall not be transferred to another party;
and
(b) existing classroom and
training hours shall not be transferred to another school for
completion.
(3) If a
course offered by a school is suspended or refused certification under Section
63G-4-502, the school shall not
be authorized to offer the course unless otherwise determined at a
hearing.
(4) If a course offered by
a school is suspended or refused certification under Section 63G-4-502, and the
school license is valid, the school may continue operation other than offering
the course provided that an instructor employed by the school with a valid
instructor license ensures operation does not compromise public
safety.
(5) A course offered by a
school may be placed on probation upon approval of the division director or
designee.
Notes
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