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)
(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).
(b)
The presiding officer, as defined in Section 63G-4-103, conducting the agency review shall consist of three members as follows:
(i)
the person representing sport fishermen, appointed under Subsection 4-37-503(4)(a)(i)(C);
(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
(iii)
one person, appointed by the governor, who is knowledgeable about aquatic diseases and is employed by an institution of higher education.
(c)
If the governor rejects all the names submitted under Subsection (3)(b)(ii), the recommending nonprofit corporation shall submit additional names.
(d)
The final decision of the presiding officer shall be adopted upon approval of at least two of the members.
(e)
The term for the member listed in Subsection (3)(b)(i) shall be the same as provided in Section 4-37-503.
(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:
Section 4-37-602 ("Adjudicative proceedings -- Presiding officer.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 4-37-602?
A common citation format is "Utah Code § 4-37-602" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 4-37-602 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
