Section R710-2-10 - Adjudicative Proceedings(1) All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by Sections 63G-4-202 and 63G-4-203. (2) The issuance, renewal, or continued validity of a license may be denied, suspended or revoked, if the SFM, or his authorized deputies finds that the applicant, licensee, person employed for, the person having authority and management of a concern commits any of the following violations: (a) the person or applicant is not the real person in interest; (b) the person of applicant provides material misrepresentation or false statement on the application; (c) the person or applicant refuses to allow inspection by the AHJ; (d) the person or applicant for a license does not possess the qualifications of skill or competence to conduct operations for which application is made, as evidenced by failure to pass the written examination, demonstrate practical skills or complete the safety class; (e) the person or applicant has been convicted of one or more federal, state or local laws; (f) failure to accurately complete the After Action Report; (g) the person or applicant has been convicted of a violation of the adopted rules or been found by a Board administrative proceeding to have violated the adopted rules; (h) any offense or finding of unlawful conduct, or there is or may be, a threat to the public's health or safety if the applicant or person were granted a license or certificate of registration; or (i) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the applicant or person to safely and competently engage in the practice of being an importer, wholesaler, display operator, special effects operator, flame effects operator or flame effects performing artist. (3) A person may request a hearing on a decision made by the AHJ, by filing an appeal to the board within 20 days after receiving final notice from the AHJ. (4) All adjudicative proceedings, other than criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and Safety Act, and these rules, shall commence in accordance with Section 63G-4-201. (5) The board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved. (6) The board shall direct the SFM to issue a signed order to the parties involved giving the decision of the board within a reasonable time of the hearing pursuant to Section 63G-4-203. (7) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302. (8) After a period of three years from the date of revocation, the board shall review the submitted written application of a person whose license or certificate of registration has been revoked. (a) After timely notice to all parties involved, the board shall convene to review the revoked persons application, and that person shall be allowed to present themselves and their case before the board. (b) After the hearing, the board shall direct the SFM to allow the person to complete the licensing or certification process or shall direct that the revocation be continued. (9) Judicial review of all final board actions resulting from informal adjudicative proceedings shall be conducted pursuant to Section 63G-4-402. Utah Admin. Code R710-2-10
Amended by Utah State Bulletin Number 2016-19, effective 9/13/2016