19-5-112 - Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director.
19-5-112. Hearings conducted by an administrative law judge -- Decisions ondenial or revocation of permit conducted by executive director.
(1) (a) Except as provided by Subsection (2), an administrative law judge shall conducthearings authorized by Section 19-5-111 in accordance with Section 19-1-301.
(b) All decisions shall be rendered by a majority of the board.
(2) (a) An administrative law judge shall conduct, on the executive director's behalf, ahearing regarding an appeal of a permit decision for which the state has assumed primacy underthe Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.
(b) Notwithstanding Subsection 19-1-301(6), the administrative law judge shall submitto the executive director a proposed dispositive action.
(c) The executive director may:
(i) approve, approve with modifications, or disapprove a proposed dispositive actionsubmitted to the executive director under Subsection (2)(b); or
(ii) return the proposed dispositive action to the administrative law judge for furtheraction as directed.
(d) The decision of the executive director is final and binding on all parties as a finaldetermination of the board unless stayed or overturned on appeal.
Amended by Chapter 377, 2009 General Session