Utah Administrative Code (Current through November 1, 2019) |
R156. Commerce, Occupational and Professional Licensing |
R156-46b. Division Utah Administrative Procedures Act Rule |
R156-46b-202. Informal Adjudicative Proceedings
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(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).