Section R708-2-21 - Procedures Governing Informal Adjudicative Proceedings(1) The following procedures will govern informal adjudicative proceedings:(a) the division shall commence an action to revoke, place on probation, or refuse to issue or renew a license by the issuance of notice of agency action; (i) the notice of agency action shall comply with Section 63G-4-201; and(ii) the notice of agency action shall not require a response from the recipient.(b) an opportunity for a hearing shall be granted on a revocation, probation or refusal to issue or renew a license when the division receives in writing a proper request for a hearing;(c) the division shall send written notice of a hearing to the licensee or applicant at least 14 days prior to the date of the hearing;(d) no discovery, either compulsory or voluntary, shall be permitted prior to the hearing except that each party shall have access to information in the division's files, and to investigator information and materials not restricted by law;(e) the division shall designate an individual or panel to conduct the hearing;(f) within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing, the individual or panel conducting the hearing shall issue a written decision that shall constitute final agency action; and(g) the written decision shall state the decision, the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.(3) If a commercial driver training school license is revoked, placed on probation or refused renewal: (a) contracts, records, properties, training activities, obligations, or licenses shall not be transferred to another party; and(b) existing classroom and behind-the-wheel training hours shall not be transferred to another school for completion.(4) If a commercial driver training school license is revoked or refused renewal under Section 63G-4-502, the school shall not be authorized to conduct business unless otherwise determined at a hearing.(5) If an instructor license is revoked, placed on probation, or refused renewal under Section 63G-4-502, and the school license is valid, the school may continue operation provided that an instructor employed by the school with a valid instructor license ensures operation does not compromise public safety.(6) If an operator license is revoked, placed on probation, or refused renewal under Section 63G-4-502, and the school license is valid, the school may continue operation provided that an operator employed by the school with a valid operator license ensures operation does not compromise public safety.(7) A license may be placed on probation upon approval of the division director or designee. (a) A licensee placed on probation shall be subject to a period of close supervision with conditions determined by the division.(b) During a period of probation, provided that the terms of the probation agreement are adhered to by the probationer licensee, the license shall remain valid.Utah Admin. Code R708-2-21
Adopted by Utah State Bulletin Number 2021-24, effective 12/9/2021