§ 40-10-6.7. Administrative procedures.

(1)

(a) Informal adjudicative proceedings shall be conducted by the division under this chapter and shall be referred to as conferences or informal conferences.

(b) The conduct of conferences shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(2)

(a)

(i) Formal adjudicative proceedings shall be conducted by the division or board under this chapter and shall be referred to as hearings or public hearings.

(ii) The conduct of hearings shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(b) Hearings under this chapter shall be conducted in a manner which guarantees the parties' due process rights. This includes:

(i) the right to examine any evidence presented to the board;

(ii) the right to cross-examine any witness; and

(iii) a prohibition of ex parte communication between any party and a member of the board.

(c) A verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the board.

Amended by Chapter 382, 2008 General Session