(ii) a matter relating to a program contract or diversion agreement, including approval or denial of a request for modification of a program contract or diversion agreement; or(iii) determination of a licensee's successful completion of the Utah Professionals Health Program;
(g) a citation hearing held in accordance with citation authority under Title 58, Occupations and Professions;
(h) a declaratory order determining the applicability of statute, rule, or order to specified circumstances, when determined by the director to be conducted as an informal adjudicative proceeding; or
(i) any matter relating to an order governing a license, including disciplinary sanctions imposed in a stipulation or memorandum of understanding with a license applicant.
(2) Under Section 63G-4-202, the following adjudicative proceedings commenced by a notice of agency action are designated as informal adjudicative proceedings:
(a) nondisciplinary proceedings that result in cancellation of licensure as defined in Subsection R156-1-102(3);
(b) disciplinary proceedings against:
(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
(ii) a controlled substance licensee under Subsection 58-37-6(4)(d) or (g);
(iii) a contract security company or armored car company licensed under Title 58, Chapter 63, Security Personnel Licensing Act, for unprofessional conduct under Subsection 58-63-502(1)[ or (2)]; or (iv) a health care services platform registered under Title 58, Chapter 90, Health Care Services Platforms;
(c) disciplinary proceedings commenced by a notice of agency action and order to show cause for violating an order governing a license, including under Subsection 58-1-501(2)(a)(xv);
(d) disciplinary proceedings in which the allegations of misconduct are limited to violating one or more of:
(i) Subsection 58-1-501(2)(a)(iii), (iv), (viii), (xi) or (xii); (ii) Subsection R156-1-501(1), (2), (3), (4), (5), (7), or (9); or
(iii) Subsection 58-1-308(4)(b), concerning completion of or compliance with renewal requirements;
(e) proceedings under Title 58, Chapter 4a, Utah Professionals Health Program, including under Section 58-4a-107; or
(f) the immediate or automatic suspension or revocation of a license in accordance with Title 58, Occupations and Professions, including under Subsection 58-1-301.5(8), 58-47b-503(8), [or ]58-47b-503.1(6), 58-91-503(2), 58-92-503(2), or 58-93-503(2) unless simultaneous adjudicative proceedings are conducted formally. R156-46b-202. Procedures for Adjudicative Proceedings.
(1) Under Section 63G-4-203, the presiding officers for Division adjudicative proceedings are defined at Subsection 63G-4-103(1)(h) and established by Sections 58-1-109 and R156-1-109.
(2)(a) The procedures for formal Division adjudicative proceedings are in Sections 63G-4-204 through 63G-4-209, Rule R151-4, Department of Commerce Administrative Procedures Act Rule, and this rule.
(b) The procedures for informal Division adjudicative proceedings are in Sections 63G-4-202, 63G-4-203, and 63G-4-209, Rule R151-4, Department of Commerce Administrative Procedures Act Rule, and this rule.
(3)(a) Under Section 63G-4-202 and Subsections 63G-4-201(1)(a) and R151-4-205(2), a notice of agency action commencing an informal adjudicative proceeding may require the respondent to file a written response. (b) U[nder Subsection R151-4-205(3), u]nless a different date is established by law or rule or in the notice of agency action, a respondent shall file a required written response within 30 days after the mailing date of the notice of agency action. R156-46b-203. Hearings in Informal Adjudicative Proceedings.
(1) Under Section 63G-4-203, a hearing is not required for Division informal adjudicative proceedings unless:
(a) required by statute or rule; or
(b) permitted by rule and requested by a party within the time prescribed by rule.
(2) Under Subsection 63G-4-203(1)(b) and Section R151-4-702, unless otherwise provided by statute or rule, a request for an evidentiary hearing to which a person is permitted or entitled by statute or is permitted by rule shall be received by the Division in writing no later than:
(a) the time period for filing a response to the notice of agency action, if a response is required or permitted;
(b) [twenty]20 days following the issuance of the notice of agency action, if a response is not required or permitted; (c) the filing of the request for agency action, if the proceeding was commenced by a person other than the Division;
(d) for a request for a citation hearing, [within 20 days from the]20 days after service of the citation; or (e) for a request for a postrevocation hearing under Subsection 58-1-301.5(8), within the time period in Subsection R156-46b-203(2)(a) for filing a response to the notice to the person that the license or registration is immediately and automatically revoked.
(3) An evidentiary hearing is permitted for an informal adjudicative proceeding under Subsection R156-46b-20[2]1(1)(g), citation hearings. [(4) An evidentiary hearing is required for an informal adjudicative proceeding under Subsections 58-4a-107(2)(b) and R156-46b-201(2)(e) to determine whether the Division should terminate a licensee's Utah Professionals Health Program program contract or diversion agreement.] ([5]4)(a) Unless otherwise agreed by the parties, an evidentiary hearing may not be held in an informal adjudicative proceeding unless timely notice of the hearing has been served upon the parties as required by Subsection 63G-4-203(1)(d). (b) Unless otherwise provided by statute or rule, timely notice means service of a notice of hearing upon the parties at least ten days before the scheduled evidentiary hearing.
R156-46b-204. Orders in Informal Adjudicative Proceedings.
(1) The issuance of a license or approval of related requests in response to a request for agency action is sufficient to satisfy Subsection 63G-4-203(1)(i).
(2)(a) The issuance of a letter denying a license or related requests is sufficient to satisfy Subsection 63G-4-203(1)(i).
(b) The letter shall explain the reasons for the denial and any rights of the parties to seek agency review or judicial review, including the relevant time limits.
(3) Unless otherwise specified by the director, the fact finder who serves as the presiding officer at an evidentiary hearing convened in Division informal adjudicative proceedings shall issue a final order.
