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2021 Utah Code
Title 40 - Mines and Mining
Chapter 10 - Coal Mining and Reclamation
Section 6.7 - Administrative procedures.
Universal Citation:
UT Code § 40-10-6.7 (2021)
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40-10-6.7. Administrative procedures.
Amended by Chapter 382, 2008 General Session
- (1)
- (a) Informal adjudicative proceedings shall be conducted by the division under this chapter and shall be referred to as conferences or informal conferences.
- (b) The conduct of conferences shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
- (2)
- (a)
- (i) Formal adjudicative proceedings shall be conducted by the division or board under this chapter and shall be referred to as hearings or public hearings.
- (ii) The conduct of hearings shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
- (b) Hearings under this chapter shall be conducted in a manner which guarantees the parties' due process rights. This includes:
- (i) the right to examine any evidence presented to the board;
- (ii) the right to cross-examine any witness; and
- (iii) a prohibition of ex parte communication between any party and a member of the board.
- (c) A verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the board.
- (a)
Amended by Chapter 382, 2008 General Session
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