Utah Admin. Code R728-409-14 - Action by the Council
(1) If the
respondent waives the right to a hearing with an ALJ, there has been an order
of default, or a findings of fact is issued by the ALJ, the division shall
present the matter to the council at its next regularly scheduled
meeting.
(2) The division shall
notify the respondent of the date, time, and location of the council
meeting.
(3)
(a) The division shall provide the council
with the Notice of Agency Action, order of default, signed hearing waiver, and
ALJ's findings of fact and conclusions of law contained in the administrative
file.
(b) The division shall also
provide the council with any written information or comments provided by the
respondent's employer.
(c) Any
written comments from the respondent's employer should include discipline
administered by the respondent's employer as a result of any violation of
Section 56-6-211.
(4) At
the council meeting the respondent or the respondent's attorney may address the
council regarding whether the respondent should receive a letter of caution or
the respondent's certification should be suspended or revoked.
(5) The council does not have appellate
review authority of the ALJ's findings of fact and conclusions of
law.
Notes
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(1) If the respondent waives the right to a hearing with an ALJ, there has been an order of default, or a findings of fact is issued by the ALJ, the division shall present the matter to the council at its next regularly scheduled meeting.
(2) The division shall notify the respondent of the date, time, and location of the council meeting.
(3)
(a) Prior to the council meeting, the division shall provide the council with the pleadings contained in the administrative file.
(b) The division shall also provide the council with any written information or comments provided by the respondent's employer.
(c) Any written comments from the respondent's employer should include discipline administered by the respondent's employer as a result of any violation of Section 56-6-211.
(4) At the council meeting the respondent or the respondent's attorney may address the council regarding whether the respondent's certification should be suspended or revoked.
(5) The council shall consider the ALJ's findings of fact and conclusions of law in order to determine whether a letter of caution, or suspension or revocation of the respondent's certification is appropriate based upon the the ALJ's findings and the POST Disciplinary Guidelines adopted January 4, 2016, which this rule incorporates by reference.
(6) The council does not have appellate review authority of the ALJ's findings of fact and conclusions of law.