Section 41-22-15 – Majority Requirement for Adoption of Final Decision in Contested Cases; Use of Proposed Orders in Cases Where Any Official Is Unfamiliar With the Case; Finality of Proposed Orders.
Section 41-22-15 Majority requirement for adoption of final decision in contested cases; use of proposed orders in cases where any official is unfamiliar with the case; finality of proposed orders. In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the […]
Section 41-22-16 – Form and Content of Final Order; When Final Order to Be Rendered; Service of Notice and Copies of Final Order.
Section 41-22-16 Form and content of final order; when final order to be rendered; service of notice and copies of final order. (a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, […]
Section 41-22-17 – Filing of Application for Rehearing in Contested Cases; Form and Content; Effect of Application on Final Order; Grounds for Rehearing; Service of Application on Parties of Record; Agency Decision on Application.
Section 41-22-17 Filing of application for rehearing in contested cases; form and content; effect of application on final order; grounds for rehearing; service of application on parties of record; agency decision on application. (a) Any party to a contested case who deems himself aggrieved by a final order and who desires to have the same […]
Section 41-22-18 – Disqualification From Participation in Proposed Order or Final Decision Based Upon Conflict of Interest or Personal Bias.
Section 41-22-18 Disqualification from participation in proposed order or final decision based upon conflict of interest or personal bias. (a) No individual who participates in the making of any proposed order or final decision in a contested case shall have prosecuted or represented a party in connection with that case, the specific controversy underlying that […]
Section 41-22-19 – Grant, Denial, Renewal, etc., of Licenses.
Section 41-22-19 Grant, denial, renewal, etc., of licenses. (a) The provisions of this chapter concerning contested cases shall apply to the grant, denial, revocation, suspension, or renewal of a license. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity […]
Section 41-22-20 – Judicial Review of Preliminary, Procedural, etc., Actions or Rulings and Final Decisions in Contested Cases.
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final decisions in contested cases. (a) A person who has exhausted all administrative remedies available within the agency, other than rehearing, and who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. A preliminary, […]
Section 41-22-21 – Appeal of Final Judgment of Circuit Court Under Section 41-22-20.
Section 41-22-21 Appeal of final judgment of circuit court under Section 41-22-20. An aggrieved party may obtain a review of any final judgment of the circuit court under Section 41-22-20 by appeal to the appropriate court to which the appeal or review lies. The appeal shall be taken within 42 days of the date of […]
Section 41-22-22 – Joint Committee on Administrative Regulation Review.
Section 41-22-22 Joint Committee on Administrative Regulation Review. The committee shall review all agency rules prior to their adoption. The committee shall have full access to all resources of the legislative department and all agencies thereof when conducting its review. For purposes of conducting business, six members of the committee, to include a minimum of […]
Section 41-22-22.1 – Review of Board and Commission Rules and Actions by Legislative Services Agency, Legal Division, and Joint Committee on Administrative Regulation Review; Fees.
Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services Agency, Legal Division, and Joint Committee on Administrative Regulation Review; fees. (a) The Legislative Services Agency, Legal Division, shall review each rule certified to it by a state board or commission that regulates a profession, a controlling number of the members of […]
Section 41-22-23 – Submission and Review of Proposed Rules; Fiscal Note Required for Rules With Economic Impact.
Section 41-22-23 Submission and review of proposed rules; fiscal note required for rules with economic impact. (a) The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, in addition to the persons named in the notice, to each member of the committee and such other persons in the legislative department as the committee […]