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Environmental Quality Code | |
Water Quality Act | |
Section 112 | Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director. |
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19-5-112. Hearings conducted by an administrative law judge -- Decisions on
denial or revocation of permit conducted by executive director. (1) (a) Except as provided by Subsection (2), an administrative law judge shall conduct hearings authorized by Section 19-5-111 in accordance with Section 19-1-301. (b) All decisions shall be rendered by a majority of the board. (2) (a) An administrative law judge shall conduct, on the executive director's behalf, a hearing regarding an appeal of a permit decision for which the state has assumed primacy under the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq. (b) Notwithstanding Subsection 19-1-301(6), the administrative law judge shall submit to the executive director a proposed dispositive action. (c) The executive director may: (i) approve, approve with modifications, or disapprove a proposed dispositive action submitted to the executive director under Subsection (2)(b); or (ii) return the proposed dispositive action to the administrative law judge for further action as directed. (d) The decision of the executive director is final and binding on all parties as a final determination of the board unless stayed or overturned on appeal.
Amended by Chapter 377, 2009 General Session |
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