- (1) In matters other than those involving applicants for licensing, and excepting the presumptions under Section R277-212-11, the Board shall have the burden of proving that an action against the license is appropriate.
- (2) An applicant for licensing has the burden of proving that licensing is appropriate.
- (3) The standard of proof in all UPPAC hearings is a preponderance of the evidence.
- (4) The Utah Rules of Evidence are not applicable to UPPAC proceedings.
(5) The criteria to decide an evidentiary question are:
- (a) reasonable reliability of the offered evidence;
- (b) fairness to both parties; and
- (c) usefulness to UPPAC in reaching a decision.
- (6) The hearing officer has the sole responsibility to determine the application of the hearing rules and the admissibility of evidence.
KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)