61-2b-31 - Disciplinary hearing process. - Utah Statutes

61-2b-31. Disciplinary hearing process.
(1) Before disciplinary action may be taken by the board, the division shall:
(a) notify the person against whom the board seeks to take disciplinary action; and
(b) commence an adjudicative proceeding.
(2) If, after the hearing, the board determines that a person described in Subsection (1)violated this chapter, the board may impose disciplinary action by written order as provided inSection 61-2b-29.
(3) (a) The board may:
(i) conduct hearings with the assistance of an administrative law judge; or
(ii) delegate hearings to an administrative law judge.
(b) If a hearing is delegated by the board to an administrative law judge, theadministrative law judge shall submit to the board for its consideration:
(i) written findings of fact;
(ii) written conclusions of law; and
(iii) a recommended order.
(4) (a) An applicant, licensee, certificate holder, registrant, or person aggrieved, includingthe complainant, may obtain judicial review of an adverse ruling, order, or decision of the board.
(b) If an applicant, licensee, certificate holder, or registrant prevails in an appeal and thecourt finds that the state action is undertaken without substantial justification, the court mayaward reasonable litigation expenses to the applicant, licensee, certificate holder, or registrant asprovided under Title 78B, Chapter 8, Part 5, Small Business Equal Access to Justice Act.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 387, 2008 General Session