2006 Utah Code - 61-2b-31 — Disciplinary hearing process.

     61-2b-31.   Disciplinary hearing process.
     (1) Before disciplinary action may be taken by the board against a licensee or certificate holder, the division shall notify the licensee or certificate holder and commence an adjudicative proceeding.
     (2) If, after the hearing, the board determines that the licensee or certificate holder has violated this chapter, the board may impose disciplinary action by written order as provided in Section 61-2b-29.
     (3) The board may conduct hearings with the assistance of an administrative law judge or may delegate hearings to an administrative law judge. If the hearing is delegated by the board to an administrative law judge, the judge shall submit written findings of fact, conclusions of law, and a recommended order to the board for its consideration.
     (4) (a) Any applicant, licensee, certificate holder, or person aggrieved, including the complainant, may obtain judicial review of any adverse ruling, order, or decision of the board. Any appeal shall be governed by the Utah Rules of Appellate Procedure.
     (b) If the applicant, licensee, or certificate holder prevails in the appeal and the court finds that the state action was undertaken without substantial justification, the court may award reasonable litigation expenses to the applicant, licensee, or certificate holder as provided under Title 78, Chapter 27a, Small Business Equal Access to Justice Act.

Amended by Chapter 199, 2005 General Session