(1) The presiding officer shall:

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Terms Used In Utah Code 53-2d-507

  • 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
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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) commence an informal adjudicative proceeding within 120 days of receiving a completed application;
     (1)(b) meet with the applicant and objecting interested parties and provide no less than 120 days for a negotiated resolution, consistent with the criteria in Section 53-2d-508;
     (1)(c) set aside a separate time during the proceedings to accept public comment on the application; and
     (1)(d) present a written decision to the executive director if a resolution has been reached that satisfies the criteria in Section 53-2d-508.
(2) At any time during an informal adjudicative proceeding under Subsection (1), any party may request conversion of the informal adjudicative proceeding to a formal adjudicative proceeding in accordance with Section 63G-4-202.
(3)

     (3)(a) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be assigned to the application as provided in Section 53-2d-509.
     (3)(b) The hearing office shall:

          (3)(b)(i) set aside a separate time during the proceedings to accept public comment on the application;
          (3)(b)(ii) apply the criteria established in Section 53-2d-508; and
          (3)(b)(iii) present a recommended decision to the executive director in writing.
(4) The executive director may, as set forth in a final written order, accept, modify, reject, or remand the decision of a presiding or hearing officer after:

     (4)(a) reviewing the record;
     (4)(b) giving due deference to the officer’s decision; and
     (4)(c) determining whether the criteria in Section 53-2d-508 have been satisfied.