(1)

1. (a) Except as provided in Subsection 13-14-106(3), the advisory board shall make recommendations to the executive director on the administration and enforcement of this chapter, including adjudicative and rulemaking proceedings.

2. (b) The executive director shall:

   1. (i) consider the advisory board's recommendations; and
   2. (ii) issue any rules or final decisions by the department.

(3)

1. (a) An adjudicative proceeding under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

2. (b) In an adjudicative proceeding under this chapter, any order issued by the executive director:

   1. (i) shall comply with Section 63G-4-208, whether the proceeding is a formal or an informal adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act; and

   2. (ii) if the order modifies or rejects a finding of fact in a recommendation from the advisory board, shall be made on the basis of information learned from the executive director's:

      1. (A) personal attendance at the hearing; or
      2. (B) review of the record developed at the hearing.