13-35-104.   Powers and duties of the advisory board and the executive director.
     (1) (a) Except as provided in Subsection 13-35-106(3), the advisory board shall make recommendations to the executive director on the administration and enforcement of this chapter, including adjudicative and rulemaking proceedings.
     (b) The executive director shall:
     (i) consider the advisory board's recommendations; and
     (ii) issue any final decision by the department.
     (2) The executive director, in consultation with the advisory board, shall make rules for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
     (3) (a) An adjudicative proceeding under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
     (b) In an adjudicative proceeding under this chapter, any order issued by the executive director:
     (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
     (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:
     (A) personal attendance at the hearing; or
     (B) review of the record developed at the hearing.

Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009