2006 Utah Code - 32A-1-120 — Judicial review -- Stay of commission order.

     32A-1-120.   Judicial review -- Stay of commission order.
     (1) In a disciplinary proceeding, any party named in a final order of the commission may seek judicial review.
     (2) (a) The findings of the commission on questions of fact are final and are not subject to review.
     (b) "Questions of fact" include ultimate facts and findings and conclusions of the commission on reasonableness and discretion.
     (3) After the hearing, the reviewing court shall enter judgment affirming or setting aside the order of the commission.
     (4) (a) The fact that a petition is pending in a reviewing court does not stay or suspend the operation of any order of the commission.
     (b) The reviewing court may order that the commission's order be stayed or suspended during the appeal.
     (c) Before issuing an order staying or suspending the commission's order, the reviewing court shall:
     (i) give three days' notice to the parties; and
     (ii) hold a hearing to receive argument and evidence on whether or not the commission's order should be stayed or suspended.
     (d) If the reviewing court decides to stay or suspend the commission's order, it shall make a written finding that:
     (i) great or irreparable damage would result to the petitioner absent the stay or suspension;
     (ii) specifies the nature of the damage; and
     (iii) is based upon evidence submitted to the court and identified by reference.

Renumbered and Amended by Chapter 23, 1990 General Session