Utah Administrative Code
Topic - Public Safety
Title R708 - Driver License
Rule R708-21 - Third-Party Testing
Section R708-21-13 - Adjudicative Proceedings
Universal Citation: UT Admin Code R 708-21-13
Current through Bulletin 2024-06, March 15, 2024
(1) All adjudicative proceedings shall be conducted informally as provided in Section 63G-4-202.
(2) The division shall initiate agency action against a Third-party Tester or Third-party Examiner with a notice of agency action in accordance with Section 63G-4-201.
(3)
(a) A
Third-party Tester or Third-party Examiner who receives a notice of agency
action indicating that the division intends to deny, suspend or revoke a permit
or a certificate, may request a hearing by filing a written request for hearing
with the division within ten calendar days from the date of the notice of
agency action.
(b) If a timely
request for hearing is filed, the agency action shall be stayed until the
division's hearing officer issues a written decision.
(c) A hearing shall be held before the
division's hearing officer within 30 calendar days of the day that the division
receives the written request for hearing, unless agreed to by the
parties.
(d) At the hearing,
Third-party Tester or Third-party Examiner shall have an opportunity to
demonstrate why the division should not take agency action.
(e) The hearing officer shall issue a written
decision within ten business days of the hearing in accordance with Section
63G-4-203.
(4) The written decision of the hearing officer shall constitute final agency action and is subject to judicial review in accordance with Section 63G-4-402.
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