(1)(a) Except as provided in Subsection 13-14-106(3), the advisory board shall make recommendations to the executive director on the administration
and enforcement of this chapter, including adjudicative and rulemaking proceedings.
(b) The executive director shall:
(i) consider the advisory board's recommendations; and
(ii) issue any rules or final decisions by the department.
(2) The executive director, in consultation with the advisory board, shall make rules
for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(3)(a) An adjudicative proceeding under this chapter shall be conducted in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
(b) In an adjudicative proceeding under this chapter, any order issued by the executive
(i) shall comply with Section 63G-4-208, whether the proceeding is a formal or an informal adjudicative proceeding under
Title 63G, Chapter 4, Administrative Procedures Act; and
(ii) if the order modifies or rejects a finding of fact in a recommendation from the
advisory board, shall be made on the basis of information learned from the executive
(A) personal attendance at the hearing; or
(B) review of the record developed at the hearing.
(4) The executive director's decision under this section shall be made available to
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