61-2b-31. Disciplinary hearing process.
(1) Before disciplinary action may be taken by the board, the division shall:
(a) notify the person against whom the board seeks to take disciplinary action; and
(b) commence an adjudicative proceeding.
(2) If, after the hearing, the board determines that a person described in Subsection (1)
violated this chapter, the board may impose disciplinary action by written order as provided in
Section 61-2b-29.
(3) (a) The board may:
(i) conduct hearings with the assistance of an administrative law judge; or
(ii) delegate hearings to an administrative law judge.
(b) If a hearing is delegated by the board to an administrative law judge, the
administrative law judge shall submit to the board for its consideration:
(i) written findings of fact;
(ii) written conclusions of law; and
(iii) a recommended order.
(4) (a) An applicant, licensee, certificate holder, registrant, or person aggrieved, including
the complainant, may obtain judicial review of an adverse ruling, order, or decision of the board.
(b) If an applicant, licensee, certificate holder, or registrant prevails in an appeal and the
court finds that the state action is undertaken without substantial justification, the court may
award reasonable litigation expenses to the applicant, licensee, certificate holder, or registrant as
provided under Title 78B, Chapter 8, Part 5, Small Business Equal Access to Justice Act.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 387, 2008 General Session
Download Code Section Zipped WordPerfect 61_02b003100.ZIP 2,973 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009