Utah Code § 4-38-501 Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.
4-38-501. Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.
(1)
(a) Except as otherwise provided in this section, the commission or the commission's hearing officer shall conduct an informal adjudicative proceeding with respect to the denial, suspension, or revocation of a license or imposition of a fine in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) A final order or ruling from the commission shall take effect immediately and remain effective unless stayed by a court.
(c) A person aggrieved by a final order or ruling issued by the commission may appeal the order or ruling to a court.
(d) A court shall award costs, fees, attorney fees, and court costs to the department if the commission prevails upon an appeal described in Subsection (1)(c).
(2)
(a) The commission shall hold an informal adjudicative proceeding in the county where the commission has an office or in a place the commission designates.
(b) The commission shall notify the applicant or licensee by mailing, by first class mail, a copy of the written notice required to the last address furnished by the application or licensee to the commission at least seven days in advance of the hearing.
(3) The commission may delegate the commission's authority to conduct hearings with respect to the denial or suspension of licenses or the imposition of a fine to a hearing officer.
(4)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules of procedure and evidence for a proceeding before the board of stewards.
(b) The board of stewards shall conduct a proceeding in accordance with rules adopted by the commission.
(5) The commission and the board of stewards may administer oaths and affirmations, sign and issue subpoenas, order the production of documents and other evidence, and regulate the course of the hearing in accordance with rules adopted by the commission.
(6)
(a) Any person aggrieved by a final order or ruling issued by a board of stewards may appeal the order or ruling to the commission in accordance with the procedural rules adopted by the commission.
(b) The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.
Amended by Chapter 474, 2025 General Session