R277-212-7. Burden and Standard of Proof for UPPAC Proceedings

  (1) In matters other than those involving applicants for licensing, and excepting the presumptions under Subsection R277-212-11(11), the Board shall have the burden of proving that an action against the license is appropriate.

  (2) An applicant for licensing has the burden of proving that licensing is appropriate.

  (3) The standard of proof in all UPPAC hearings is a preponderance of the evidence.

  (4) The Utah Rules of Evidence are not applicable to UPPAC proceedings.

  (5) The criteria to decide an evidentiary question are:

  (a) reasonable reliability of the offered evidence;

  (b) fairness to both parties; and

  (c) usefulness to UPPAC in reaching a decision.

  (6) The hearing officer has the sole responsibility to determine the application of the hearing rules and the admissibility of evidence.