Powers and duties of the advisory board and the executive director.

Checkout our iOS App for a better way to browser and research.


  • (1)
    • (a) Except as provided in Subsection 13-35-106(3), the advisory board shall make recommendations to the executive director on the administration and enforcement of this chapter, including adjudicative and rulemaking proceedings.
    • (b) The executive director shall:
      • (i) consider the advisory board's recommendations; and
      • (ii) issue any final decision by the department.
  • (2) The executive director, in consultation with the advisory board, shall make rules for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  • (3)
    • (a) An adjudicative proceeding under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
    • (b) In an adjudicative proceeding under this chapter, any order issued by the executive director:
      • (i) shall comply with Section 63G-4-208, whether the proceeding is a formal or an informal adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act; and
      • (ii) if the order modifies or rejects a finding of fact in a recommendation from the advisory board, shall be made on the basis of information learned from the executive director's:
        • (A) personal attendance at the hearing; or
        • (B) review of the record developed at the hearing.




Download our app to see the most-to-date content.