State Codes and Statutes

Statutes > Utah > Title-26a > Chapter-01 > 26a-1-121

26A-1-121. Standards and regulations adopted by local board -- Administrativeand judicial review of actions.
(1) (a) The board may make standards and regulations not in conflict with rules of theDepartments of Health and Environmental Quality and necessary for the promotion of publichealth, environmental health quality, injury control, and the prevention of outbreaks and spreadof communicable and infectious diseases.
(b) The standards and regulations supersede existing local standards, regulations, andordinances pertaining to similar subject matter.
(c) The board shall provide public hearings prior to the adoption of any regulation orstandard. Notice of any public hearing shall be published at least twice throughout the county orcounties served by the local health department. The publication may be in one or morenewspapers, so long as notice is provided in accordance with this Subsection (1)(c).
(d) The hearings may be conducted by the board at a regular or special meeting, or theboard may appoint hearing officers who may conduct hearings in the name of the board at adesignated time and place.
(e) A record or summary of the proceedings of any hearing shall be taken and filed withthe board.
(2) (a) Any person aggrieved by any action or inaction of the local health departmentrelating to the public health shall have an opportunity for a hearing with the local health officeror a designated representative of the local health department. The board shall grant a subsequenthearing to the person upon his request in writing.
(b) In any adjudicative hearing, a member of the board or the hearing officer mayadminister oaths, examine witnesses, and issue notice of the hearings or subpoenas in the nameof the board requiring the testimony of witnesses and the production of evidence relevant to anymatter in the hearing. A written record shall be made of the hearing, including findings of factsand conclusions of law.
(c) Judicial review of a final determination of the local board may be secured by anyperson adversely affected by the final determination, or by the Departments of Health orEnvironmental Quality, by filing a petition in the district court within 30 days after receipt ofnotice of the board's final determination.
(d) The petition shall be served upon the secretary of the board and shall state thegrounds upon which review is sought.
(e) The board in its answer shall certify and file with the court all documents and papersand a transcript of all testimony taken in the matter together with its findings of fact, conclusionsof law, and order.
(f) The appellant and the board are parties to the appeal.
(g) The Departments of Health and Environmental Quality may become a party byintervention as in a civil action upon showing cause.
(h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103.

Amended by Chapter 3, 2008 General Session