Utah Code 61-2g-504. Disciplinary hearing process
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(1) The division and board shall comply with Title 63G, Chapter 4, Administrative Procedures Act , in conducting any disciplinary proceedings under this chapter.
Terms Used In Utah Code 61-2g-504
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Real Estate Appraiser Licensing and Certification Board that is established in Section 61-2g-204. See Utah Code 61-2g-102
- Concurrence: means that the entities that are given a concurring role jointly agree to an action. See Utah Code 61-2g-102
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 61-2g-102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) Before disciplinary action may be taken under this chapter, the division shall:(2)(a) notify the person against whom disciplinary action is sought; and(2)(b) commence an adjudicative proceeding.(3) If, after the hearing, the board determines, with the concurrence of the division, that a person described in Subsection(2) violated this chapter, the board may impose disciplinary action, with the concurrence of the division, by written order as provided in Section61-2g-502 .(4)(4)(a) The board may:(4)(a)(i) conduct hearings with the assistance of an administrative law judge; or(4)(a)(ii) delegate hearings to an administrative law judge.(4)(b) If a hearing is delegated by the board to an administrative law judge, the administrative law judge shall submit to the board and the director for their consideration:(4)(b)(i) written findings of fact;(4)(b)(ii) written conclusions of law; and(4)(b)(iii) a recommended order.(5)(5)(a) An applicant, licensee, certificate holder, registrant, or person aggrieved, including the complainant, may obtain judicial review of an adverse ruling, order, or decision.(5)(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 underTitle 78B, Chapter 8, Part 5, Small Business Equal Access to Justice Act .