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

Utah Statutes

§ 4-37-602 — Adjudicative proceedings -- Presiding officer.

Utah·Title 4 Utah Agricultural Code·Ch. 4-37 Aquaculture Act·Part 4-37-6 Enforcement and Penalties

(1)Adjudicative proceedings under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(2)The revocation of an aquaculture facility's license, the denial of an aquaculture facility's future license, and a denial or cancellation of an aquaculture facility's health approval number is a state agency action governed by Title 63G, Chapter 4, Administrative Procedures Act.

(3)(3)(a) An owner or operator of an aquaculture facility may ask for an agency review, as provided by Section 63G-4-301, of an agency action specified in Subsection (2).

(3)(b) The presiding officer, as defined in Section 63G-4-103, conducting the agency review shall consist of three members as follows:

(3)(b)(i) the person representing sport fishermen, appointed under Sub

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(1) Adjudicative proceedings under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) The revocation of an aquaculture facility's license, the denial of an aquaculture facility's future license, and a denial or cancellation of an aquaculture facility's health approval number is a state agency action governed by Title 63G, Chapter 4, Administrative Procedures Act.
(3) (3)(a) An owner or operator of an aquaculture facility may ask for an agency review, as provided by Section 63G-4-301, of an agency action specified in Subsection (2).
(3)(b) The presiding officer, as defined in Section 63G-4-103, conducting the agency review shall consist of three members as follows:
(3)(b)(i) the person representing sport fishermen, appointed under Subsection 4-37-503(4)(a)(i)(C);
(3)(b)(ii) one person representing the aquaculture industry, appointed by the governor from names submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes the efficient production, distribution, and marketing of aquaculture products and the welfare of all persons engaged in aquaculture; and
(3)(b)(iii) one person, appointed by the governor, who is knowledgeable about aquatic diseases and is employed by an institution of higher education.
(3)(c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the recommending nonprofit corporation shall submit additional names.
(3)(d) The final decision of the presiding officer shall be adopted upon approval of at least two of the members.
(3)(e) The term for the member listed in Subsection (3)(b)(i) shall be the same as provided in Section 4-37-503.
(3)(f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be four years.
(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

(4)(a) Section 63A-3-106;
(4)(b) Section 63A-3-107; and
(4)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

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