Section R698-5-6 - Adjudicative Proceedings(1) All adjudicative proceedings performed by the SERC shall proceed informally as authorized by Sections 63G-4-201 through 63G-4-203.(2) An agency whose request to create, modify or dissolve an LEPC is denied by the SERC shall have an opportunity for a hearing before the SERC if requested by that agency within 20 days after receiving notice.(3) The SERC shall act as the hearing authority, and shall convene after timely notice to all parties involved.(a) The members of the SERC acting as the hearing authority shall consist of: (i) the Commissioner of the Department of Public Safety; and(ii) the Executive Director of the Department of Environmental Quality.(b) The SERC shall also be joined when acting as the hearing authority by a representative from the Attorney General's Office.(4) After acting as the hearing authority, the SERC shall direct the secretary to issue a signed order to the agency involved giving the decision of the SERC within a reasonable time of the hearing pursuant to Section 63G-4-203.(5) Reconsideration of the SERC decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.(6) Judicial review of all final SERC actions resulting from informal adjudicative proceedings shall be conducted pursuant to Section 63G-4-402.Utah Admin. Code R698-5-6
Adopted by Utah State Bulletin Number 2017-1, effective 12/6/2016Amended by Utah State Bulletin Number 2019-6, effective 2/20/2019