Utah Code 57-21-10. Judicial election or formal adjudicative hearing
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Terms Used In Utah Code 57-21-10
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Aggrieved person: includes a person who:
(2)(a) claims to have been injured by a discriminatory housing practice; or(2)(b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2- Commission: means the Labor Commission. See Utah Code 57-21-2
- Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: means the director of the division or a designee. See Utah Code 57-21-2
- Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
- Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries. See Utah Code 57-21-2
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) If, pursuant to Subsection57-21-9 (6) or (7)(b)(ii), the director issues a written determination, a party to the complaint may obtain de novo review of the determination by submitting a written request for a formal adjudicative hearing to be conducted by the commission‘s Division of Adjudication in accordance with Title 34A, Chapter 1, Part 3, Adjudicative Proceedings, to the director within 30 days after the day on which the director issues the determination.(1)(b) If the director does not receive a timely request for review, the director’s determination becomes the final order of the commission and is not subject to further agency action or direct judicial review.(2) If a party files a timely request for review pursuant to Subsection (1):(2)(a) any party to the complaint may elect to have the de novo review take place in a civil action in the district court rather than in a formal adjudicative hearing with the Division of Adjudication by filing an election with the commission in accordance with rules established by the commission pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the form and time period for the election;(2)(b) the complainant shall file a complaint for review in the forum selected pursuant to Subsection (2)(a) within 30 days after the completion of the forum selection process; and(2)(c) the commission shall determine whether the director’s determination is supported by substantial evidence.(3)(3)(a) The commission shall provide legal representation on behalf of the aggrieved person, including the filing of a complaint for review as required by Subsection (2)(b), in the de novo review proceeding, if:(3)(a)(i) in accordance with Subsection57-21-9 (7)(b)(ii), the director issued a written determination finding reasonable cause to believe that a discriminatory housing practice had occurred, or was about to occur; and(3)(a)(ii) under Subsection (2)(c), the commission determines that the director’s determination under57-21-9 (7)(b)(ii) is supported by substantial evidence.(3)(b) An attorney who provides legal representation under Subsection (3)(a) shall consult with the parties in good faith and attempt to resolve the matter based upon a review of the facts, witnesses, evidence, and the likelihood of success.(3)(c) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, the commission’s determination, under Subsection (2)(c), regarding the existence or nonexistence of substantial evidence to support the director’s determination is not subject to further agency action or direct judicial review.(4) Upon timely application, an aggrieved person may intervene with respect to the issues to be determined in a formal adjudicative hearing or in a civil action brought under this section.(5) If a formal adjudicative hearing is elected:(5)(a) the presiding officer shall commence the formal adjudicative hearing within 150 days after the day on which a request for review of the director’s determination is filed, unless it is impracticable to do so;(5)(b) the investigator who investigated the matter may not participate:(5)(b)(i) in the formal adjudicative hearing, except as a witness; or(5)(b)(ii) in the deliberations of the presiding officer;(5)(c) any party to the complaint may file a written request to the Division of Adjudication for review of the presiding officer’s order in accordance with Section63G-4-301 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings; and(5)(d) a final order of the commission under this section is subject to judicial review as provided in Section63G-4-403 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings.(6) If a civil action is elected, the commission is barred from continuing or commencing any adjudicative proceeding in connection with the same claims under this chapter.(7)(7)(a) The commission shall make final administrative disposition of the complaint alleging a discriminatory housing practice within one year after the complainant filed the complaint, unless it is impracticable to do so.(7)(b) If the commission is unable to make final administrative disposition within the time period described in Subsection (7)(a), the commission shall notify the complainant, respondent, and any other interested party in writing of the reasons for the delay. - Aggrieved person: includes a person who: