Utah Code 4-38-501. Hearings
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(1) Except as otherwise provided in this section, all proceedings before the commission or the commission’s hearing officer with respect to the denial, suspension, or revocation of licenses or the imposition of fines shall be conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
Terms Used In Utah Code 4-38-501
- 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.
- Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102
- 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: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
(2)
(2)(a) These proceedings shall be held in the county where the commission has an office or in any other place the commission designates.
(2)(b) The commission shall notify the applicant or licensee by mailing, by first class mail, a copy of the written notice required to the last address furnished by the application or licensee to the commission at least seven days in advance of the hearing.
(3) The commission may delegate the commission’s authority to conduct hearings with respect to the denial or suspension of licenses or the imposition of a fine to a hearing officer.
(4) Proceedings before the board of stewards need not be governed by the procedural or other requirements of Title 63G, Chapter 4, Administrative Procedures Act, but rather shall be conducted in accordance with rules adopted by the commission.
(5) The commission and the board of stewards may administer oaths and affirmations, sign and issue subpoenas, order the production of documents and other evidence, and regulate the course of the hearing pursuant to rules adopted by the commission.
(6)
(6)(a) Any person aggrieved by a final order or ruling issued by a board of stewards may appeal the order or ruling to the commission pursuant to procedural rules adopted by the commission.
(6)(b) The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.