2011 Utah Code
Title 26A Local Health Authorities
Chapter 1 Local Health Departments
Section 121 Standards and regulations adopted by local board -- Administrative and judicial review of actions.

26A-1-121. Standards and regulations adopted by local board -- Administrative and judicial review of actions.
(1) (a) The board may make standards and regulations not in conflict with rules of the Departments of Health and Environmental Quality and necessary for the promotion of public health, environmental health quality, injury control, and the prevention of outbreaks and spread of communicable and infectious diseases.
(b) The standards and regulations supersede existing local standards, regulations, and ordinances pertaining to similar subject matter.
(c) The board shall provide public hearings prior to the adoption of any regulation or standard. Notice of any public hearing shall be published at least twice throughout the county or counties served by the local health department. The publication may be in one or more newspapers, so long as notice is provided in accordance with this Subsection (1)(c).
(d) The hearings may be conducted by the board at a regular or special meeting, or the board may appoint hearing officers who may conduct hearings in the name of the board at a designated time and place.
(e) A record or summary of the proceedings of any hearing shall be taken and filed with the board.
(2) (a) Any person aggrieved by any action or inaction of the local health department relating to the public health shall have an opportunity for a hearing with the local health officer or a designated representative of the local health department. The board shall grant a subsequent hearing to the person upon his request in writing.
(b) In any adjudicative hearing, a member of the board or the hearing officer may administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name of the board requiring the testimony of witnesses and the production of evidence relevant to any matter in the hearing. A written record shall be made of the hearing, including findings of facts and conclusions of law.
(c) Judicial review of a final determination of the local board may be secured by any person adversely affected by the final determination, or by the Departments of Health or Environmental Quality, by filing a petition in the district court within 30 days after receipt of notice of the board's final determination.
(d) The petition shall be served upon the secretary of the board and shall state the grounds upon which review is sought.
(e) The board in its answer shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with its findings of fact, conclusions of law, and order.
(f) The appellant and the board are parties to the appeal.
(g) The Departments of Health and Environmental Quality may become a party by intervention as in a civil action upon showing cause.
(h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103.