Utah § 4-38-501 - Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.
Full text of Utah Utah Code § 4-38-501 — Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking., with citation guidance and answers to common questions.
§ 4-38-501. Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.
Effective 3/27/2025 4-38-501.
Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.
(1)
(a)
Except as otherwise provided in this section, the commission or the commission's hearing officer shall conduct an informal adjudicative proceeding with respect to the denial, suspension, or revocation of a license or imposition of a fine in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b)
A final order or ruling from the commission shall take effect immediately and remain effective unless stayed by a court.
(c)
A person aggrieved by a final order or ruling issued by the commission may appeal the order or ruling to a court.
(d)
A court shall award costs, fees, attorney fees, and court costs to the department if the commission prevails upon an appeal described in Subsection (1)(c).
(2)
(a)
The commission shall hold an informal adjudicative proceeding in the county where the commission has an office or in a place the commission designates.
(b)
The commission shall notify the applicant or licensee by mailing, by first class mail, a copy of the written notice required to the last address furnished by the application or licensee to the commission at least seven days in advance of the hearing.
(3)
The commission may delegate the commission's authority to conduct hearings with respect to the denial or suspension of licenses or the imposition of a fine to a hearing officer.
(4)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules of procedure and evidence for a proceeding before the board of stewards.
(b)
The board of stewards shall conduct a proceeding in accordance with rules adopted by the commission.
(5)
The commission and the board of stewards may administer oaths and affirmations, sign and issue subpoenas, order the production of documents and other evidence, and regulate the course of the hearing in accordance with rules adopted by the commission.
(6)
(a)
Any person aggrieved by a final order or ruling issued by a board of stewards may appeal the order or ruling to the commission in accordance with the procedural rules adopted by the commission.
(b)
The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.
Section 4-38-501 ("Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.") 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 § 4-38-501?
A common citation format is "Utah Code § 4-38-501" (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 § 4-38-501 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.
