Utah Admin. Code R710-2-10 - Adjudicative Proceedings
(1) All
adjudicative proceedings performed by the agency shall proceed informally as
set forth herein and as authorized by Sections
63G-4-202 and
63G-4-203.
(2) The issuance, renewal, or continued
validity of a license may be denied, suspended or revoked, if the SFM, or his
authorized deputies finds that the applicant, licensee, person employed for,
the person having authority and management of a concern commits any of the
following violations:
(a) the person or
applicant is not the real person in interest;
(b) the person of applicant provides material
misrepresentation or false statement on the application;
(c) the person or applicant refuses to allow
inspection by the AHJ;
(d) the
person or applicant for a license does not possess the qualifications of skill
or competence to conduct operations for which application is made, as evidenced
by failure to pass the written examination, demonstrate practical skills or
complete the safety class;
(e) the
person or applicant has been convicted of one or more federal, state or local
laws;
(f) failure to accurately
complete the After Action Report;
(g) 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;
(h) 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;
or
(i) 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 being an importer, wholesaler, display operator, special effects
operator, flame effects operator or flame effects performing artist.
(3) A person may request a hearing
on a decision made by the AHJ, by filing an appeal to the board within 20 days
after receiving final notice from the AHJ.
(4) All adjudicative proceedings, other than
criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and
Safety Act, and these rules, shall commence in accordance with Section
63G-4-201.
(5) The board shall act as the hearing
authority, and shall convene as an appeals board after timely notice to all
parties involved.
(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
Section 63G-4-203.
(7) Reconsideration of the board's decision
may be requested in writing within 20 days of the date of the decision pursuant
to 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.
(a) 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.
(b) 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 Section
63G-4-402.
Notes
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