Utah Admin. Code R728-409-5 - Purpose of Adjudicative Proceedings
(1) The purpose of an adjudicative proceeding
is to determine whether there is sufficient evidence to find that the
respondent engaged in the conduct alleged in the Notice of Agency Action by
clear and convincing evidence and whether such conduct falls within the grounds
for administrative action enumerated in Subsection
53-6-211(1) or
53-6-309(1).
(2) All adjudicative proceedings initiated by
the division to suspend or revoke a respondent's certification shall be formal
proceedings as provided by Section
63G-4-202.
Notes
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(1) The purpose of an adjudicative proceeding is to determine whether there is sufficient evidence to find that the respondent engaged in the conduct alleged in the Notice of Agency Action by clear and convincing evidence and whether such conduct falls within the grounds for administrative action enumerated in Subsections 53-6-211(1) or 53-6-309(1).
(2) All adjudicative proceedings initiated by the division for the purpose of suspending or revoking a respondent's certification shall be formal proceedings as provided by Section 63G-4-202.