R156-46b-301. Review of Suspension Without Notice -- Adjudicative Proceedings

Unless otherwise provided by statute or rule: (1)(a) If the Division suspends a license or registration without notice under Subsection 58-47b-503(8) or 58-47b-503.1(6), the Division shall file a notice of agency action for an informal adjudicative proceeding and cause the notice of agency action to be served upon the affected licensed individual or registered massage establishment, with: (i) notice of the suspension and an order to immediately cease and desist any practice under Title 58, Chapter 47b, Massage Therapy Practice Act; and (ii) notice of hearing on the sole issue of whether the suspension should be affirmed, set aside, or modified based upon the standards in Section 58-47b-503 or 58-47b-503.1, as applicable. (b) The Division shall hold the hearing within 15 days after the suspension, unless the Division and the respondent agree in writing to conduct the hearing at a later date. (2)(a) A Department administrative law judge shall act as the presiding officer at the hearing under this section. (b) The presiding officer shall conduct the hearing in conformity with the procedures of Section 63G-4-206. (c) The Division has the burden of proof to establish, by a preponderance of the evidence, that the requirements of Subsection 58-47b-503(8) or 58-47b-503.1(6) have been met. (3)(a) Within 15 days after the day the hearing to consider the suspension concludes, the presiding officer shall issue an order in accordance with Section 63G-4-208. (b) The order of the presiding officer is subject to agency review. (4) If the order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the Division shall commence a formal adjudicative proceeding within 120 days in accordance with Title 58, Occupations and Professions.