Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of May 05, 2022 | Updated by FindLaw Staff
(1) An adjudicative proceeding under this title, including a disciplinary proceeding, is a civil action, notwithstanding whether at issue in the adjudicative proceeding is a violation of statute that can be prosecuted criminally.
(2) Unless specifically adopted in this title, a procedure or principle that is applicable to a criminal proceeding does not apply to an adjudicative proceeding permitted under this title including:
(a) Title 76, Chapter 1, General Provisions;
(b) Title 76, Chapter 2, Principles of Criminal Responsibility;
(c) Title 76, Chapter 3, Punishments; and
(d) Title 76, Chapter 4, Inchoate Offenses.
(3)(a) The burden of proof in an adjudicative proceeding under this title is by a preponderance of the evidence.
(b) If the subject of an adjudicative proceeding under this title asserts an affirmative defense, the subject has the burden of proof to establish the affirmative defense by the preponderance of the evidence.
(4) In an adjudicative proceeding under this title, to find a violation of this title the commission:
(a) is required to determine whether the conduct that constitutes the violation occurred; and
(b) is not required to make a finding of knowledge or intent unless knowledge or intent is expressly made an element of the violation by statute.
Cite this article: FindLaw.com - Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-3-201. Nature of adjudicative proceedings under title - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-32b-alcoholic-beverage-control-act/ut-code-sect-32b-3-201/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)