View Our Newest Version Here

2011 Utah Code
Title 19 Environmental Quality Code
Chapter 5 Water Quality Act
Section 112 Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director.

19-5-112. Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director.
(1) (a) Except as provided by Subsection (2), an administrative law judge shall conduct hearings authorized by Section 19-5-111 in accordance with Section 19-1-301.
(b) All decisions shall be rendered by a majority of the board.
(2) (a) An administrative law judge shall conduct, on the executive director's behalf, a hearing regarding an appeal of a permit decision for which the state has assumed primacy under the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
(b) Notwithstanding Subsection 19-1-301(6), the administrative law judge shall submit to the executive director a proposed dispositive action.
(c) The executive director may:
(i) approve, approve with modifications, or disapprove a proposed dispositive action submitted to the executive director under Subsection (2)(b); or
(ii) return the proposed dispositive action to the administrative law judge for further action as directed.
(d) The decision of the executive director is final and binding on all parties as a final determination of the board unless stayed or overturned on appeal.

Disclaimer: These codes 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.