Section R708-37-8 - Procedures Governing Informal Adjudicative Proceedings(1) The following procedures will govern informal adjudicative proceedings:(a) the division shall begin an action to suspend, place on probation, or refuse to issue certification to administer tests 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 suspension, probation or refusal to issue certification 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 before the date of the hearing;(d) no discovery, either compulsory or voluntary, shall be permitted before 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.(2) If a certification is suspended, placed on probation or an applicant is refused certification, contracts, records, properties, training activities, obligations, or licenses shall not be transferred to another party.(3) If a certification is suspended or an applicant is refused certification under Section 63G-4-502, the tester shall not administer the test unless otherwise determined at a hearing.(4) A certification may be placed on probation upon approval of the division director or designee.(5) A certification that has been placed on probation shall be subject to a period of close supervision with conditions determined by the division.Utah Admin. Code R708-37-8
Amended by Utah State Bulletin Number 2022-13, effective 6/22/2022