1. (1)(a) Under Subsection 58-1-109(3)(b) the Director may designate any odd number of board members on a case-by-case or period-of-time basis to represent a licensing board as the presiding officer.

   1. (b) If the Director has not designated board members under Subsection (1)(a) or insufficient board members are able to serve, the bureau manager or licensing board chair may designate the board members to serve.

2. (2)(a) Under Subsection 58-1-109(4)(b) and Section R151-4-401, to petition the licensing board to review a recommended order issued by the designated board members, the aggrieved person shall file with the Division the petition form available from the Division within ten calendar days after the day on which the recommended order is issued.

   1. (b) The petition shall:

      1. (i) be signed by the aggrieved person seeking review;
      2. (ii) state the grounds for review and the relief requested;
      3. (iii) state the date upon which the petition was filed with the Division; and
      4. (iv) be concurrently served on each party and any administrative law judge who is assigned to the case.
3. (3) If the aggrieved person does not file a petition in accordance with Subsection (2), the designated board members' recommended order becomes the final recommended order of the licensing board.

4. (4)(a) As determined by the Division, a licensing board may review a properly filed petition together with the designated board members' recommended order at the licensing board's next regularly scheduled board meeting, or at a specially noticed board meeting.

   1. (b) Under Subsection 58-1-109(4)(c), after review a licensing board may issue its recommended order by affirming the designated board members' recommended order, or modifying or rejecting all or any part of that recommended order and entering new findings of fact, conclusions of law, statement of reasons, and order.

KEY: licensing, supervision, evidentiary restrictions

Date of Last Change: December 24, 2024

Notice of Continuation: November 2, 2021

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)