Section R156-1-109 - Presiding Officers(1) This section establishes the presiding officers for the Division under Subsection 63G-4-103(1)(h) and Sections 58-1-104, 58-1-106, 58-1-109, 58-1-202, 58-1-203, 58-55-103, and 58-55-201, except as otherwise designated in writing by the Director, or by the Construction Services Commission under Title 58, Chapter 55, Utah Construction Trades Licensing Act.(2) The Division or Department employee designated in writing by the Director is the presiding officer for issuance of: (a) notices of agency action; and(b) notices of hearing issued concurrently with a notice of agency action or issued in response to a request for agency action.(3) Under Subsections 58-1-109(2) and 58-1-109(4) a Department administrative law judge is the presiding officer for entering an order of default against a party and conducting further proceedings to complete the adjudicative proceeding, including issuing a recommended order to the Director or Construction Services Commission determining the discipline to be imposed, licensure action to be taken, relief to be granted, or other appropriate matters. (4) Except as provided in Subsection (9), the presiding officers for adjudicative proceedings before the Division are as follows:(a) the Director is the presiding officer for the following adjudicative proceedings, however resolved, including stipulated settlements and hearings: (i) formal adjudicative proceedings under: (A) Subsection R156-46b-201(1)(b), request for declaratory order conducted as a formal adjudicative proceeding;(B) Subsection R156-46b-201(2)(a), formal disciplinary proceeding for revocation, suspension, restricted licensure, probationary licensure, cease and desist order or administrative fine not through citation, or public reprimand;(C) Subsection R156-46b-201(2)(b), unilateral modification of disciplinary order; and(D) Subsection R156-46b-201(2)(c), termination of diversion agreement or program contract under Section 58-4a-107; and(ii) informal adjudicative proceedings under: (A) Subsection R156-46b-202(1)(d), payment of approved claim against the Residence Lien Recovery Fund;(B) Subsection R156-46b-202(1)(e)(iii), approval or denial of request for modification of a disciplinary order;(C) Subsection R156-46b-202(1)(e)(v), approval or denial of request for correction of other than procedural or clerical mistakes;(D) Subsection R!56-46b-202(1)(h), request for declaratory order conducted as an informal adjudicative proceeding;(E) Subsection R156-46b-202(1)(i), disciplinary sanction imposed in a stipulation or memorandum of understanding with a licensure applicant;(F) Subsection R156-46b-202(1)(j), other requests for agency action not designated as a formal adjudicative proceeding;(G) Subsection R156-46b-202(2)(a), nondisciplinary proceeding that results in cancellation of licensure;(H) Subsection R156-46b-202(2)(b)(ii), disciplinary proceeding against a controlled substance licensee;(I) Subsection R156-46b-202(2)(c), disciplinary proceeding for violation of an order governing a license; and(J) Subsection R156-46b-202(2)(d), disciplinary proceeding limited to Subsection 58-1-501(2)(a)(iii) or (iv) or Section R156-1-501.(b) the bureau manager or program coordinator over the profession or program involved is the presiding officer for:(i) formal adjudicative proceedings under Subsection R156-46b-201(1)(c), for determining if a request for a board of appeal is properly filed under Subsections R156-15A-210(1) through (4); and(ii) informal adjudicative proceedings under: (A) Subsection R156-46b-202(1)(a), approval or denial of an application for initial licensure, renewal, reinstatement, inactive or emeritus status, tax credit certificate, or criminal history determination;(B) Subsection R156-46b-202(1)(b), favorable or unfavorable criminal history determination;(C) Subsection R156-46b-202(1)(e)(i), approval or denial of request to surrender licensure;(D) Subsection R156-46b-202(1)(e)(iv), approval or denial of request for correction of procedural or clerical mistakes;(E) Subsection R156-46b-202(2)(b)(iii), disciplinary proceeding against a contract security company or armored car company for failure to replace a qualifier;(F) Subsection R156-46b-202(2)(b)(iv), disciplinary proceeding against a hunting guide or outfitter for unprofessional conduct under Subsection R156-79-502(12) or R156-79-502(14); and(G) Subsection R156-46b-202(2)(e), disciplinary proceeding regarding renewal requirements.(5) A Department administrative law judge licensed in good standing with the Utah State Bar is the presiding officer for informal citation hearings under Subsection R156-46b-202(1)(g).(6)(a) The Uniform Building Code Commission is the presiding officer for formal adjudicative proceedings under Subsection R156-46b-201(1)(c) for convening a board of appeal under Subsection 15A-1-207(3), serving as fact finder at the evidentiary hearing, and entering the final order.(b) A Department administrative law judge shall conduct the hearing as specified in Subsection 58-1-109(2).(7) The Residence Lien Recovery Fund manager, bureau manager, or program coordinator designated in writing by the Director is the presiding officer for informal adjudicative proceedings under Subsection R156-46b-202(1)(c), for approval or denial of claims against the Residence Lien Recovery Fund.(8)(a) The Utah Professionals Health Program manager or an alternate Department employee designated in writing by the Director is the presiding officer for informal adjudicative proceedings under Title 58, Chapter 4a, Utah Professionals Health Program, including: (i) Subsection R156-46b-202(1)(e)(ii), request for entry into and participation in the Utah Professionals Health Program; and(ii) Subsection R156-46b-202(1)(f), matters relating to the Utah Professionals Health Program that do not involve termination under Section 58-4a-107.(b) Each program contract for entry into and participation in the Utah Professionals Health Program shall require the written concurrence of the Division director.(9)(a)(i)(A) The Construction Services Commission is the presiding officer for adjudicative proceedings under Title 58, Chapter 55, Utah Construction Trades Licensing Act, however resolved including stipulated settlements and hearings, except as otherwise specified in this rule.(B) Orders adopted by the Commission as presiding officer require the concurrence of the Director.(ii) The Construction Services Commission is the presiding officer:(A) for informal adjudicative proceedings under:(I) Subsection R156-46b-202(1)(e)(iii), approval or denial of request for modification of a disciplinary order;(II) Subsection R156-46b-202(1)(e)(v), approval or denial of request for correction of other than procedural or clerical mistakes;(III) Subsection R156-46b-202(1)(h), request for declaratory order conducted as an informal adjudicative proceeding;(IV) Subsection R156-46b-202(1)(i), disciplinary sanctions imposed in a stipulation or memorandum of understanding with a licensure applicant;(V) Subsection R156-46b-202(1)(j), other requests for agency action not designated as a formal adjudicative proceeding;(VI) except for dismissals under Subsection (9)(d)(vi), Subsection R156-46b-202(2)(b)(i) disciplinary proceedings against a contractor, plumber, electrician, or alarm company;(VII) Subsection R156-46b-202(2)(c), disciplinary proceedings concerning violations of an order governing a license; and(VIII) Subsection R156-46b-202(2)(d), disciplinary proceeding limited to Subsection 58-1-501(2)(a)(iii) or (iv) or Section R156-1-501;(B) to serve as fact finder and adopt orders in formal evidentiary hearings for adjudicative proceedings involving persons licensed or required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and(C)(I) to review recommended orders of a board, an administrative law judge, or other presiding officer who acted as the fact finder in an evidentiary hearing involving a person licensed or required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, and to adopt an order of its own; and(II) in adopting its order, the Construction Services Commission may accept, modify, or reject the recommended order.(iii)(A) Orders of the Construction Services Commission shall address the issues before the Construction Services Commission and shall be based upon the record developed in an adjudicative proceeding conducted by the Construction Services Commission.(B) If the Commission has designated another presiding officer to conduct an adjudicative proceeding and submit a recommended order, the record to be reviewed by the Construction Services Commission shall consist of the findings of fact, conclusions of law, and recommended order submitted by the presiding officer based upon the evidence presented in the adjudicative proceeding before the presiding officer.(iv)(A) The Construction Services Commission or its designee shall submit an adopted order to the Director for the Director's concurrence or rejection within 30 days after it receives a recommended order or adopts an order, whichever is earlier.(B) An adopted order is issued and becomes a final order upon the concurrence of the Director.(v)(A) Under Subsection 58-55-103(10), if the Director refuses to concur in an adopted order, the Director shall return the adopted order to the Construction Services Commission or its designee with the reasons in writing.(B) The Construction Services Commission or its designee shall reconsider the returned adopted order and resubmit an adopted order to the Director, whether or not modified, within 30 days of the date of the initial or subsequent return.(C) The Director shall consider the resubmitted adopted order and either concur rendering the order final, or refuse to concur and issue a final order, within 90 days of the date of the initial recommended order.(D) If the time frames in this subsection are followed, this subsection may not preclude an informal resolution such as an executive session of the Construction Services Commission or its designee with the Director to resolve the reasons for the Director's refusal to concur in an adopted order.(vi) The record of the adjudicative proceeding shall include recommended orders, adopted orders, refusals to concur in adopted orders, and final orders.(vii) The final order issued by the Construction Services Commission and concurred in by the Director, or not concurred in by the Director and issued by the Director, may be appealed by filing a request for agency review with the Executive Director.(viii) The content of orders shall comply with Subsection 63G-4-203(1) and Sections 63G-4-208 and 63G-4-209.(b) The Director is the presiding officer for the concurrence role in disciplinary proceedings under Subsections R156-46b-202(2)(b)(i), R156-46b-202(2)(c), and R156-46b-202(2)(d) as required by Subsection 58-55-103(1)(b)(iv).(c) A Department administrative law judge is the presiding officer to conduct formal adjudicative proceedings before the Construction Services Commission and its advisory boards, as specified in Subsection 58-1-109(2).(d) The bureau manager is the presiding officer to conduct informal adjudicative proceedings under: (i) Subsections R156-46b-202(1)(a)(i) through (1)(a)(iv), approval or denial of an application for initial licensure, renewal, reinstatement, inactive or emeritus status;(ii) Subsection R156-46b-202(1)(a)(vi), approval or denial of an application for criminal history determination;(iii) Subsection R156-46b-202(1)(b), favorable or unfavorable criminal history determination;(iv) Subsection R156-46b-202(1)(e)(i), approval or denial of request to surrender licensure;(v) Subsection R156-46b-202(1)(e)(iv), approval or denial of request for correction of procedural or clerical mistakes;(vi) dismissal of a Subsection R156-46b-202(2)(b)(i) disciplinary proceeding based upon the respondent's documented compliance, such as by the respondent replacing a qualifier, providing a required bond, or obtaining necessary insurance; and(vii) Subsection R156-46b-202(2)(e), disciplinary proceeding regarding renewal requirements.(e) The Plumbers Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as plumbers.(f) The Electricians Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as electricians.(g) The Alarm System Security and Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as alarm companies or agents.(10) At the direction of a manager or program coordinator, a licensing technician or program technician may sign an informal order in the technician's name if:(a) the manager or program coordinator approves the wording in advance; and(b) the caption "FOR THE MANAGER" or "FOR THE PROGRAM COORDINATOR" immediately precedes the technician's signature.Utah Admin. Code R156-1-109
Amended by Utah State Bulletin Number 2015-22, effective 10/22/2015Amended by Utah State Bulletin Number 2016-15, effective 7/11/2016Amended by Utah State Bulletin Number 2017-9, effective 4/11/2017Amended by Utah State Bulletin Number 2021-07, effective 3/25/2021Amended by Utah State Bulletin Number 2024-09, effective 4/23/2024