Administrative review -- Special appeals boards.

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  • (1)
    • (a) Any applicant who has been denied a license to practice on the basis of credentials, character, a criminal record, or failure to pass a required examination, or who has been refused renewal or reinstatement of a license to practice on the basis that the applicant does not meet qualifications for continued licensure in any occupation or profession under the jurisdiction of the division may submit a request for agency review to the executive director within 30 days following notification of the denial of a license or refusal to renew or reinstate a license.
    • (b) The executive director shall determine whether the circumstances for denying an application for an initial license or for renewal or reinstatement of a license would justify calling a special appeals board under Subsection (2). The executive director's decision is not subject to agency review.
  • (2) A special appeals board shall consist of three members appointed by the executive director as follows:
    • (a) one member from the occupation or profession in question who is not on the board of that occupation or profession;
    • (b) one member from the general public who is neither an attorney nor a practitioner in an occupation or profession regulated by the division; and
    • (c) one member who is a resident lawyer currently licensed to practice law in this state who shall serve as chair of the special appeals board.
  • (3) The special appeals board shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its proceedings.
  • (4)
    • (a) Within a reasonable amount of time following the conclusion of a hearing before a special appeals board, the board shall enter an order based upon the record developed at the hearing. The order shall state whether a legal basis exists for denying the application for an initial license or for renewal or reinstatement of a license that is the subject of the appeal. The order is not subject to further agency review.
    • (b) The division or the applicant may obtain judicial review of the decision of the special appeals board in accordance with Sections 63G-4-401 and 63G-4-403.
  • (5) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
    • (a) Section 63A-3-106;
    • (b) Section 63A-3-107; and
    • (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
  • (6) If an applicant under Subsection (1) is not given a special appeals board, the applicant shall be given agency review under the ordinary agency review procedures specified by rule.




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