Utah Admin. Code R710-5-8 - Adjudicative Proceedings
(1) All
adjudicative proceedings performed by the agency shall proceed informally as
authorized by Sections
63G-4-202 and
63G-4-203.
(2) The issuance, renewal, or continued
validity of a certificate of registration may be denied, suspended, or revoked,
if the SFM finds that the applicant or the person has committed any of the
following violations:
(a) the applicant or
person is not the real person in interest;
(b) the applicant or person provides material
misrepresentation or false statements on the application;
(c) the applicant or person refuses to allow
inspection by the SFM, or his duly authorized deputies;
(d) the applicant or person for a certificate
of registration does not have the proper equipment to conduct the operations
for which application is made;
(e)
the applicant or person 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 pursuant
to Section 3.3 of these rules;
(f)
the applicant or person refuses to take the examination required by Section 3.3
of these rules;
(g) the applicant
or person fails to pay the certification of registration, examination or other
required fees as required in Section 8 of these rules;
(h) the applicant or person has been
convicted of one or more federal, state or local laws;
(i) the applicant or person has been
convicted of a violation of the adopted rules or been found by a board
administrative proceeding to have violated the adopted rules;
(j) 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 certificate of registration;
or
(k) 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 fire sprinkler system equipment.
(3) A person whose 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 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
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 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
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 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 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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