32B-3-201 (Effective 07/01/11) - Nature of adjudicative proceedings under title.
32B-3-201 (Effective 07/01/11). Nature of adjudicative proceedings under title.
(1) An adjudicative proceeding under this title, including a disciplinary proceeding, is acivil action, notwithstanding whether at issue in the adjudicative proceeding is a violation ofstatute that can be prosecuted criminally.
(2) Unless specifically adopted in this title, a procedure or principal that is applicable to acriminal proceeding does not apply to an adjudicative proceeding permitted under this titleincluding:
(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 apreponderance of the evidence.
(b) If the subject of an adjudicative proceeding under this title asserts an affirmativedefense, the subject has the burden of proof to establish the affirmative defense by thepreponderance of the evidence.
(4) In an adjudicative proceeding under this title, to find a violation of this title thecommission:
(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 isexpressly made an element of the violation by statute.
Enacted by Chapter 276, 2010 General Session