Section 403 – Judicial review — Formal adjudicative proceedings.
63G-4-403. Judicial review — Formal adjudicative proceedings. (1) As provided by statute, the Supreme Court or the Court of Appeals has jurisdiction to review all final agency action resulting from formal adjudicative proceedings. (2) (a) To seek judicial review of final agency action resulting from formal adjudicative proceedings, the petitioner shall file a petition for […]
Section 205 – Procedures for formal adjudicative proceedings — Discovery and subpoenas.
63G-4-205. Procedures for formal adjudicative proceedings — Discovery and subpoenas. (1) In formal adjudicative proceedings, the agency may, by rule, prescribe means of discovery adequate to permit the parties to obtain all relevant information necessary to support their claims or defenses. If the agency does not enact rules under this section, the parties may conduct […]
Section 206 – Procedures for formal adjudicative proceedings — Hearing procedure.
63G-4-206. Procedures for formal adjudicative proceedings — Hearing procedure. (1) Except as provided in Subsections 63G-4-201(3)(d)(i) and (ii), in all formal adjudicative proceedings, a hearing shall be conducted as follows: (a) The presiding officer shall regulate the course of the hearing to obtain full disclosure of relevant facts and to afford all the parties reasonable […]
Section 207 – Procedures for formal adjudicative proceedings — Intervention.
63G-4-207. Procedures for formal adjudicative proceedings — Intervention. (1) Any person not a party may file a signed, written petition to intervene in a formal adjudicative proceeding with the agency. The person who wishes to intervene shall mail a copy of the petition to each party. The petition shall include: (a) the agency’s file number […]
Section 208 – Procedures for formal adjudicative proceedings — Orders.
63G-4-208. Procedures for formal adjudicative proceedings — Orders. In formal adjudicative proceedings: (1) Within a reasonable time after the hearing, or after the filing of any posthearing documents permitted by the presiding officer, or within the time required by any applicable statute or rule of the agency, the presiding officer shall sign and issue an […]
Section 209 – Default.
63G-4-209. Default. (1) The presiding officer may enter an order of default against a party if: (a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceeding; (b) a party to a formal adjudicative proceeding fails to attend or participate in a properly scheduled hearing after receiving proper notice; or (c) […]
Section 204 – Procedures for formal adjudicative proceedings — Responsive pleadings.
63G-4-204. Procedures for formal adjudicative proceedings — Responsive pleadings. (1) In all formal adjudicative proceedings, unless modified by rule according to Subsection 63G-4-201(5), the respondent, if any, shall file and serve a written response signed by the respondent or the respondent’s representative within 30 days of the mailing date or last date of publication of […]
Section 108 – Impact on duty to disclose an administrative action.
Effective 5/10/2016 63G-4-108. Impact on duty to disclose an administrative action. The removal of a record of an administrative disciplinary action from a state-controlled website in accordance with Section 63G-4-106 or 63G-4-107 does not affect any separate legal duty or requirement that the subject of the administrative disciplinary action may have to disclose the action. […]
Section 201 – Commencement of adjudicative proceedings.
63G-4-201. Commencement of adjudicative proceedings. (1) Except as otherwise permitted by Section 63G-4-502, all adjudicative proceedings shall be commenced by either: (a) a notice of agency action, if proceedings are commenced by the agency; or (b) a request for agency action, if proceedings are commenced by persons other than the agency. (2) A notice of […]
Section 202 – Designation of adjudicative proceedings as informal — Standards — Undesignated proceedings formal.
63G-4-202. Designation of adjudicative proceedings as informal — Standards — Undesignated proceedings formal. (1) The agency may, by rule, designate categories of adjudicative proceedings to be conducted informally according to the procedures set forth in rules enacted under the authority of this chapter if: (a) the use of the informal procedures does not violate any […]