R156-46b-202. Informal Adjudicative Proceedings

  (1) The following adjudicative proceedings initiated by other than a notice of agency action are classified as informal adjudicative proceedings:

  (a) approval of application for initial licensure, renewal or reinstatement of licensure, or relicensure;

  (b) denial of application for initial licensure or relicensure;

  (c) denial of application for renewal or reinstatement of licensure;

  (d) approval or denial of application for inactive or emeritus licensure status;

  (e) board of appeal under Subsection 15A-1-207(3);

  (f) approval or denial of claims against the Residence Lien Recovery Fund created under Title 38, Chapter 11;

  (g) payment of approved claims against the Residence Lien Recovery Fund described in Subparagraph (g);

  (h) approval or denial of request to surrender licensure;

  (i) approval or denial of request for entry into diversion program under Section 58-1-404;

  (j) matters relating to diversion program;

  (k) citation hearings held in accordance with citation authority established under Title 58;

  (l) approval or denial of request for modification of disciplinary order;

  (m) declaratory order determining the applicability of statute, rule or order to specified circumstances, when determined by the director to be conducted as an informal adjudicative proceeding;

  (n) approval or denial of request for correction of procedural or clerical mistakes;

  (o) approval or denial of request for correction of other than procedural or clerical mistakes;

  (p) disciplinary sanctions imposed in a stipulation or memorandum of understanding with an applicant for licensure;

  (q) approval or denial of application for a tax credit certificate by a psychiatrist, psychiatric mental health nurse practitioner, or volunteer retired psychiatrist under Section 58-1-111; and

  (r) all other requests for agency action permitted by statute or rule governing the Division not specifically classified as formal adjudicative proceedings in Subsection R156-46b-201(1).

  (2) The following adjudicative proceedings initiated by a notice of agency action are classified as informal adjudicative proceedings:

  (a) nondisciplinary proceeding which results in cancellation of licensure;

  (b) disciplinary proceedings against:

  (i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55;

  (ii) a controlled substance licensee under Subsection 58-37-6(4)(g); and

  (iii) a contract security company or armored car company for failure to replace a qualifier as required under Section 58-63-306.

  (c) disciplinary proceedings initiated by a notice of agency action and order to show cause concerning violations of an order governing a license;

  (d) disciplinary proceedings initiated by a notice of agency action in which the allegations of misconduct are limited to one or more of the following:

  (i) Subsection 58-1-501(2)(c) or (d); or

  (ii) Subsections R156-1-501(1) through (5).