R714-158-12. Adjudicative Proceedings

  (1) All adjudicative proceedings set forth in this section shall be conducted informally as provided in Section 63G-4-202.

  (2) The division shall initiate agency action against an applicant or licensee with a notice of agency action in accordance with Section 63G-4-201.

  (3)(a) An applicant or licensee who receives a notice of agency action indicating that the division intends to deny, suspend, or revoke a permit or a certificate may request a hearing by filing a written request for hearing with the division within 15 calendar days from the date of the notice of agency action.

  (b) A hearing shall be held before a hearing officer designated by the division, within 30 calendar days of the day that the division receives the timely written request for hearing, unless the parties agree to a later date.

  (c) If a timely request for hearing is filed, the agency action shall be stayed until the division's hearing officer issues a written decision.

  (d) At the hearing, the applicant or licensee shall have an opportunity to explain why the division should not take agency action.

  (e) The hearing officer shall issue a written decision in accordance with Section 63G-4-203 within ten business days of the hearing.

  (4)(a) An applicant or licensee may appeal the hearing officer's decision to the council by filing an appeal with the division within 30 calendar days of the issuance of the hearing officer's decision.

  (b) If a timely appeal to the council is filed, the agency action shall be stayed until the council issues a written decision.

  (c) A hearing shall be held before the council within 30 calendar days of the day that the division receives the written appeal, unless the parties agree to a later date.

  (d) At the hearing, the applicant or licensee shall have an opportunity to explain why the division's action should be overturned.

  (e) The council shall issue a written decision in accordance with Section 63G-4-301 within ten business days of the hearing.

  (f) The written decision of the council shall constitute final agency action and is subject to judicial review pursuant to Section 63G-4-402.