Utah Admin. Code R710-6-6 - 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 or LPG certificate may be denied, suspended or revoked by the division if the division finds that the applicant, person employed for, or 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 or applicant provides material misrepresentation or false statement in the application, whether for an original or renewal certificate;

(c) the person or applicant refuses to allow inspection by the division or enforcing authority on an annual basis to determine compliance with the provisions of these rules;

(d) the person, applicant, or concern for a license does not have the proper or necessary facilities, including qualified personnel to conduct the operations for which application is made;

(e) the person or applicant for a LPG certificate does not possess the qualifications of skill or competence to conduct the operations for which application is made;

(i) this can also be evidenced by failure to pass the examination and/or practical tests;

(f) the person or applicant refuses to take the examination;

(g) the person or applicant has been convicted of a violation of one or more federal, state or local laws;

(h) the person or applicant has been convicted of a violation of the adopted rules or has been found by a board administrative proceeding to have violated the adopted rules;

(i) any offense or finding of unlawful conduct, or there is or may be a threat to the public's health or safety if the person or applicant were granted a license or certificate of registration;

(j) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the person or applicant to safely and competently distribute, transfer, dispense or install LP Gas and/or it's appliances;

(k) the person or applicant does not complete the re-examination process before the certificate or license expiration date; or

(l) the person or applicant fails to pay any fee as required in Section R710-6-8.

(3) A person whose license or certificate of registration is suspended or revoked by the division shall have an opportunity for a hearing before the LPG Board if requested by that person within 20 days after receiving notice.

(4) All adjudicative proceedings, other than criminal prosecution, taken by the enforcing authority to enforce the Liquefied Petroleum Gas Section, 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.

(i) 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 division 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 may review the written application of a person whose license or certificate of registration has been revoked.

(9) Judicial review of all final board actions resulting from informal adjudicative proceedings is available pursuant to Section 63G-4-402.

Notes

Utah Admin. Code R710-6-6

Amended by Utah State Bulletin Number 2016-19, effective 9/13/2016