53C-1-304 - Rules to ensure procedural due process -- Board review of director action -- Judicial review.
53C-1-304. Rules to ensure procedural due process -- Board review of directoraction -- Judicial review.
(1) The board shall make rules to ensure procedural due process in the resolution ofcomplaints concerning actions by the board, director, and the administration.
(2) An aggrieved party to a final action by the director or the administration may petitionthe board for administrative review of the decision.
(3) (a) The board may appoint a qualified hearing examiner for purposes of takingevidence and making recommendations for board action.
(b) The board shall consider the recommendations of the examiner in making decisions.
(4) (a) The board shall uphold the decision of the director or the administration unless itfinds, by a preponderance of the evidence, that the decision violated applicable law, policy, orrules.
(b) The board shall base its final actions on findings and conclusions and shall inform theaggrieved party of its right to judicial review.
(5) An aggrieved party to a final action by the board may obtain judicial review of thataction under Sections 63G-4-402 and 63G-4-403.
Amended by Chapter 382, 2008 General Session