Utah Administrative Code
Topic - Public Safety
Title R714 - Highway Patrol
Rule R714-158 - Vehicle Safety Inspection Program Requirements
Section R714-158-12 - Adjudicative Proceedings
Universal Citation: UT Admin Code R 714-158-12
Current through Bulletin 2024-06, March 15, 2024
(1) All adjudicative proceedings set forth in this section shall be conducted informally as provided in Section 63G-4-202.
(2) The division shall initiate agency action against an applicant or licensee with a notice of agency action in accordance with Section 63G-4-201.
(3)
(a) An
applicant or licensee 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 15 calendar days from the date of the notice of agency action.
(b) A hearing shall be held before a hearing
officer designated by the division, within 30 calendar days of the day that the
division receives the timely written request for hearing, unless the parties
agree to a later date.
(c) If a
timely request for hearing is filed, the agency action shall be stayed until
the division's hearing officer issues a written decision.
(d) At the hearing, the applicant or licensee
shall have an opportunity to explain why the division should not take agency
action.
(e) The hearing officer
shall issue a written decision in accordance with Section
63G-4-203 within ten business
days of the hearing.
(4)
(a) An applicant or licensee may appeal the
hearing officer's decision to the commissioner or the commissioner's designee
by filing an appeal with the division within 30 calendar days of the issuance
of the hearing officer's decision.
(b) If a timely appeal to the commissioner or
the commissioner's designee is filed, the agency action shall be stayed until
the commissioner or the commissioner's designee issues a written
decision.
(c) A hearing shall be
held before the commissioner or the commissioner's designee within 30 calendar
days of the day that the division receives the written appeal, unless the
parties agree to a later date.
(d)
At the hearing, the applicant or licensee shall have an opportunity to explain
why the division's action should be overturned.
(e) The commissioner or the commissioner's
designee shall issue a written decision in accordance with Section
63G-4-301 within ten business
days of the hearing.
(f) The
written decision of the commissioner or the commissioner's designee shall
constitute final agency action and is subject to judicial review pursuant to
Section 63G-4-402.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.