4-37-602 - Adjudicative proceedings -- Presiding officer. - Utah Statutes

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Statutes > Utah > Title-04 > Chapter-37 > 4-37-602

4-37-602. Adjudicative proceedings -- Presiding officer.
(1) Adjudicative proceedings under this chapter shall be conducted in accordance withTitle 63G, Chapter 4, Administrative Procedures Act.
(2) The revocation of an aquaculture facility's certificate of registration, the denial of anaquaculture facility's future certificate of registration, and a denial or cancellation of anaquaculture facility's health approval number is a state agency action governed by Title 63G,Chapter 4, Administrative Procedures Act.
(3) (a) An owner or operator of an aquaculture facility may ask for an agency review, asprovided by Section 63G-4-301, of an agency action specified in Subsection (2).
(b) The presiding officer, as defined in Section 63G-4-103, conducting the agency reviewshall consist of three members as follows:
(i) the person representing sport fishermen, appointed under Subsection4-37-503(4)(a)(i)(C);
(ii) one person representing the aquaculture industry, appointed by the governor fromnames submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes theefficient production, distribution, and marketing of aquaculture products and the welfare of allpersons engaged in aquaculture; and
(iii) one person, appointed by the governor, who is knowledgeable about aquatic diseasesand is employed by an institution of higher education.
(c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), therecommending nonprofit corporation shall submit additional names.
(d) The final decision of the presiding officer shall be adopted upon approval of at leasttwo of the members.
(e) The term for the member listed in Subsection (3)(b)(i) shall be the same as providedin Section 4-37-503.
(f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall befour years.
(4) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.

Amended by Chapter 286, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-37 > 4-37-602

4-37-602. Adjudicative proceedings -- Presiding officer.
(1) Adjudicative proceedings under this chapter shall be conducted in accordance withTitle 63G, Chapter 4, Administrative Procedures Act.
(2) The revocation of an aquaculture facility's certificate of registration, the denial of anaquaculture facility's future certificate of registration, and a denial or cancellation of anaquaculture facility's health approval number is a state agency action governed by Title 63G,Chapter 4, Administrative Procedures Act.
(3) (a) An owner or operator of an aquaculture facility may ask for an agency review, asprovided by Section 63G-4-301, of an agency action specified in Subsection (2).
(b) The presiding officer, as defined in Section 63G-4-103, conducting the agency reviewshall consist of three members as follows:
(i) the person representing sport fishermen, appointed under Subsection4-37-503(4)(a)(i)(C);
(ii) one person representing the aquaculture industry, appointed by the governor fromnames submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes theefficient production, distribution, and marketing of aquaculture products and the welfare of allpersons engaged in aquaculture; and
(iii) one person, appointed by the governor, who is knowledgeable about aquatic diseasesand is employed by an institution of higher education.
(c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), therecommending nonprofit corporation shall submit additional names.
(d) The final decision of the presiding officer shall be adopted upon approval of at leasttwo of the members.
(e) The term for the member listed in Subsection (3)(b)(i) shall be the same as providedin Section 4-37-503.
(f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall befour years.
(4) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.

Amended by Chapter 286, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-37 > 4-37-602

4-37-602. Adjudicative proceedings -- Presiding officer.
(1) Adjudicative proceedings under this chapter shall be conducted in accordance withTitle 63G, Chapter 4, Administrative Procedures Act.
(2) The revocation of an aquaculture facility's certificate of registration, the denial of anaquaculture facility's future certificate of registration, and a denial or cancellation of anaquaculture facility's health approval number is a state agency action governed by Title 63G,Chapter 4, Administrative Procedures Act.
(3) (a) An owner or operator of an aquaculture facility may ask for an agency review, asprovided by Section 63G-4-301, of an agency action specified in Subsection (2).
(b) The presiding officer, as defined in Section 63G-4-103, conducting the agency reviewshall consist of three members as follows:
(i) the person representing sport fishermen, appointed under Subsection4-37-503(4)(a)(i)(C);
(ii) one person representing the aquaculture industry, appointed by the governor fromnames submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes theefficient production, distribution, and marketing of aquaculture products and the welfare of allpersons engaged in aquaculture; and
(iii) one person, appointed by the governor, who is knowledgeable about aquatic diseasesand is employed by an institution of higher education.
(c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), therecommending nonprofit corporation shall submit additional names.
(d) The final decision of the presiding officer shall be adopted upon approval of at leasttwo of the members.
(e) The term for the member listed in Subsection (3)(b)(i) shall be the same as providedin Section 4-37-503.
(f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall befour years.
(4) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.

Amended by Chapter 286, 2010 General Session