Section R728-409-14 - Action by the Council(1) If the respondent waives the right to a hearing with an ALJ, there has been an order of default, or a findings of fact is issued by the ALJ, the division shall present the matter to the council at its next regularly scheduled meeting.(2) The division shall notify the respondent of the date, time, and location of the council meeting.(3)(a) Prior to the council meeting, the division shall provide the council with the pleadings contained in the administrative file.(b) The division shall also provide the council with any written information or comments provided by the respondent's employer.(c) Any written comments from the respondent's employer should include discipline administered by the respondent's employer as a result of any violation of Section 56-6-211.(4) At the council meeting the respondent or the respondent's attorney may address the council regarding whether the respondent's certification should be suspended or revoked.(5) The council shall consider the ALJ's findings of fact and conclusions of law in order to determine whether a letter of caution, or suspension or revocation of the respondent's certification is appropriate based upon the the ALJ's findings and the POST Disciplinary Guidelines adopted January 4, 2016, which this rule incorporates by reference.(6) The council does not have appellate review authority of the ALJ's findings of fact and conclusions of law.Utah Admin. Code R728-409-14
Amended by Utah State Bulletin Number 2015-2, effective 12/22/2014Amended by Utah State Bulletin Number 2015-23, effective 11/12/2015Amended by Utah State Bulletin Number 2019-14, effective 6/24/2019Amended by Utah State Bulletin Number 2020-03, effective 1/9/2020Amended by Utah State Bulletin Number 2020-17, effective 8/25/2020