Section R911-5-1401 - [Effective until 4/3/2025] Hearing before the EMS Personnel Peer Review Board(1) The bureau shall notify the respondent of the date, time, and location of the next board meeting.(2)(a) Any proceeding to suspend, revoke, place on probation, deny to issue or to renew a license, permit, certification, or endorsement is designated as an informal adjudicative proceeding under Section 63G-4-202.(b) Any adjudicative proceeding or hearing before the board shall be in accordance with Section 63G-4-203. (i) Upon request, the respondent may obtain a copy of the materials contained in the bureau's investigative file that the bureau intends to use in the hearing.(ii) The disclosure of any discovery materials is subject to Title 63G, Chapter 2, Government Records Access and Management.(3) The board shall review the bureau's investigative findings and recommendations.(4) The hearing shall be conducted according to Section 63G-4-203.(5)(a) The board may take disciplinary action if the board finds the respondent engages in, or is convicted of, conduct in violation of this rule or conduct constituting a state or federal criminal offense.(b) The board may consider aggravating or mitigating circumstances when determining a disciplinary sanction.(6) The board shall provide a written order stating:(b) the reasons for the decision; and(c) a notice of any right of administrative or judicial review.(7) The board may take any of the following actions:(a) accept the bureau's recommendation, or(b) enter their own discipline including: (ii) probation of the respondent's license with specific terms and conditions;(iii) suspension of the respondent's license for a defined period;(iv) permanent revocation of the licensed respondent's license; or(v) a combination of any of these actions.(8) Action taken for a violation of Subsection R911-5-1302(1)(f) shall only be against the individual's endorsement to instruct, and shall not affect their base EMS license.(9) After the board has decided the matter, the board chairperson shall issue a final order within 30 days of the board meeting and send a copy of the board's findings to the director.(10) If the respondent fails to participate in the proceeding before the board, an order of default may be entered, and the board may impose the recommended discipline.Utah Admin. Code R911-5-1401
Adopted by Utah State Bulletin Number 2025-01, effective 12/4/2024, exp. 4/3/2025 (Emergency)