Utah Admin. Code R849-1-12 - Proposed Decision and Final Agency Review
(1) At the conclusion of the hearing, the ALJ
shall take the matter under advisement and submit a recommended decision to the
Board. The recommended decision is based on the testimony and evidence entered
at the hearing and legal precedent.
(2) The recommended decision must contain
findings of fact and conclusions of law.
(3) The Board may:
(a) adopt the recommended decision or any
portion of the decision;
(b)
reject the recommended decision or any portion of the decision, and make an
independent determination based upon the record; or
(c) remand the matter to the ALJ for further
proceeding, and the ALJ thereafter shall submit to the Board a new recommended
decision.
(4) The
Board's decision constitutes final administrative action and is subject to
judicial review.
(5) The Board
shall send a copy of the final administrative action to each party or
representative and notify them of their right to judicial review.
(6) The parties shall comply with a final
decision from the Board reversing the agency's decision within ten calendar
days.
Notes
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