63G-4-103. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in this chapter:

(a)"Adjudicative proceeding" means an agency action or proceeding described in Section 63G-4-102 .

(b)"Agency" means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state.

(c)"Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by statute.

(d)"Declaratory proceeding" means a proceeding authorized and governed by Section 63G-4-503 .

(e)"License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by statute.

(f)"Party" means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding.

(g)"Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency.

(i)"Presiding officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding.

(ii)If fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.

(iii)A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.

(i)"Respondent" means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person.

(j)"Superior agency" means an agency required or authorized by law to review the orders of another agency.

(2)This section does not prohibit an agency from designating by rule the names or titles of the agency head or the presiding officers with responsibility for adjudicative proceedings before the agency.

Renumbered and Amended by Chapter 382 , 2008 General Session