Utah Admin. Code R710-1-10 - Adjudicative Proceedings
(1) All
adjudicative proceedings performed by the agency shall proceed informally as
authorized by UCA, Sections
63G-4-202 and
63G-4-203.
(2) The issuance, renewal, or continued
validity of a license or certificate of registration may be denied, suspended,
or revoked, if the SFM finds that the applicant, person employed for, or the
person having authority and management of a concern servicing portable fire
extinguishers commits any of the following violations:
(a) The person or applicant is not the real
person in interest.
(b) The person
or applicant provides material misrepresentation or false statement on the
application.
(c) The person or
applicant refuses to allow inspection by the SFM, or his duly authorized
deputies.
(d) The person or
applicant for a license or certificate of registration does not have the proper
facilities and equipment to conduct the operations for which application is
made.
(e) The person or applicant
for a certificate of registration does not possess the qualifications of skill
or competence to conduct the operations for which application is made, as
evidenced by failure to pass the examination and/or practical tests pursuant to
Section 4.15 of these rules.
(f)
The person or applicant fails to place a verification of service collar when
required on the valve assembly of any fire extinguisher when the following
occurs:
(i) re-charge;
(ii) required maintenance.
(g) The person or applicant
refuses to take the examination required by Section 5.3 and Section 4.14 of
these rules.
(h) The person or
applicant has been convicted of one or more federal, state or local laws.
(j) The person or applicant has
been convicted of a violation of the adopted rules or been found by a Board
administrative proceeding to have violated the adopted rules.
(k) Any offense or finding of unlawful
conduct, or there is or may be, a threat to the public's health or safety if
the applicant or person were granted a license or certificate of registration.
(l) There are other factors upon
which a reasonable and prudent person would rely to determine the suitability
of the applicant or person to safely and competently engage in the practice of
servicing portable fire extinguishers.
(3) A person whose license or certificate of
registration is suspended or revoked by the SFM shall have an opportunity for a
hearing before the Board if requested by that person within 20 days after
receiving notice.
(4) All
adjudicative proceedings, other than criminal prosecution, taken by the SFM to
enforce the Utah Fire Prevention and Safety Act, and these rules, shall
commence in accordance with UCA, Section
63G-4-201.
(5) The Board shall act as the hearing
authority, and shall convene after timely notice to all parties involved. The
Board shall be the final authority on the suspension or revocation of a license
or certificate of registration.
(6) The Board shall direct the SFM to issue a
signed order to the parties involved giving the decision of the Board within a
reasonable time of the hearing pursuant to UCA, Section
63G-4-203.
(7) Reconsideration of the Board decision may
be requested in writing within 20 days of the date of the decision pursuant to
UCA, Section
63G-4-302.
(8) After a period of three years from the
date of revocation, the Board shall review the submitted written application of
a person whose license or certificate of registration has been revoked. After
timely notice to all parties involved, the Board shall convene to review the
revoked persons application, and that person shall be allowed to present
themselves and their case before the Board. After the hearing, the Board shall
direct the SFM to allow the person to complete the licensing or certification
process or shall direct that the revocation be continued.
(9) Judicial review of all final Board
actions resulting from informal adjudicative proceedings shall be conducted
pursuant to UCA, Section
63G-4-402.
Notes
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