Full text of Utah Utah Code § 40-6-10 — Procedures -- Adjudicative proceedings -- Emergency orders -- Hearing examiners., with citation guidance and answers to common questions.
The Board of Oil, Gas, and Mining and the Division of Oil, Gas, and Mining shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
When an emergency requiring immediate action is found by the division director or any board member to exist, the division director or board member may issue an emergency order according to the requirements and procedures of Title 63G, Chapter 4, Administrative Procedures Act.
(3)
A notice required by this chapter, except as otherwise provided, shall be given at the election of the board by:
(a)
personal service; or
(b)
(i)
one publication in:
(A)
a daily newspaper of general circulation in the city of Salt Lake and county of Salt Lake, Utah; and
(B)
all newspapers of general circulation published in the county where the land is affected, or some part of the land is situated; and
(ii)
electronic publication in accordance with Section 45-1-101.
(4)
(a)
Any order made by the board is effective on issuance.
(b)
All rules and orders issued by the board shall be:
(i)
in writing;
(ii)
entered in full in books to be kept by the board for that purpose;
(iii)
indexed; and
(iv)
public records open for inspection at all times during reasonable office hours.
(c)
A copy of any rule, finding of fact, or order, certified by the board or by the division director, shall be received in evidence in all courts of this state with the same effect as the original.
(5)
The board may act upon its own motion or upon the petition of any interested person.
(6)
(a)
The board may appoint a hearing examiner to take evidence and to recommend findings of fact and conclusions of law to the board.
(b)
Any member of the board, division staff, or any other person designated by the board may serve as a hearing examiner.
(c)
The board may enter an order based on the recommendations of the examiner.
Amended by Chapter 5, 2009 Special Session 1 Amended by Chapter 5, 2009 Special Session 1
Section 40-6-10 ("Procedures -- Adjudicative proceedings -- Emergency orders -- Hearing examiners.") 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 § 40-6-10?
A common citation format is "Utah Code § 40-6-10" (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 § 40-6-10 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.
