R156-46b-201. Informal Adjudicative Proceedings

(1) Under Section 63G-4-202, the following adjudicative proceedings commenced by other than a notice of agency action are designated as informal adjudicative proceedings: (a) the approval or denial of an application for: (i) initial licensure; (ii) renewal or reinstatement of licensure; (iii) relicensure; (iv) inactive or emeritus licensure status; (v) a tax credit certificate by a psychiatrist, psychiatric mental health nurse practitioner, or volunteer retired psychiatrist under Section 58-1-111; or (vi) criminal history determination under Section 58-1-310; (b) a favorable or unfavorable determination, based on an application for criminal history determination under Section 58-1-310; (c) the approval or denial of a claim against the Residence Lien Recovery Fund created under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; (d) payment of an approved claim against the Residence Lien Recovery Fund under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; (e) the approval or denial of a request: (i) to surrender a license; (ii) for modification of a disciplinary order; (iii) for correction of procedural or clerical mistakes; or (iv) for correction of other than procedural or clerical mistakes; (f) any matter relating to Title 58, Chapter 4a, Utah Professionals Health Program, including: (i) approval or denial of a request for entry into and participation in the Utah Professionals Health Program under Title 58, Chapter 4a, Utah Professionals Health Program; (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), 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), unless simultaneous adjudicative proceedings are conducted formally.