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H.B. 350
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CONCEALED FIREARMS INSTRUCTORS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Curtis Oda
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Senate Sponsor:
Michael G. Waddoups
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LONG TITLE
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General Description:
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This bill modifies provisions of the Concealed Weapons Act related to the certification
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of concealed firearms instructors.
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Highlighted Provisions:
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This bill:
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. requires an applicant for certification as a concealed firearms instructor to have a
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current National Rifle Association certification or its equivalent as determined by
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the Law Enforcement and Technical Services Division of the Department of Public
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Safety;
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. provides that the certification, when issued, is valid for a three-year period;
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. provides that a concealed firearms instructor, in order to renew a certification, shall
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attend a renewal course and pass a renewal test under the direction of the Criminal
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Investigations and Technical Services Division;
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. provides for certification and renewal of certification fees;
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. provides a procedure for issuing certificates to students who complete a course of
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instruction given by a certified concealed firearms instructor; and
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. makes certain technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53-5-704, as last amended by Chapter 282, Laws of Utah 2005
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53-5-704
is amended to read:
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53-5-704. Division duties -- Permit to carry concealed firearm -- Certification for
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concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
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suspension, or revocation -- Appeal procedure.
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(1) (a) The division or its designated agent shall issue a permit to carry a concealed
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firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days
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after receiving an application, unless during the 60-day period the division finds proof that the
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applicant is not of good character.
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(b) The permit is valid throughout the state for five years, without restriction, except as
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otherwise provided by Section
53-5-710
[for five years].
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(2) (a) An applicant satisfactorily demonstrates good character if the applicant:
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[(a)] (i) has not been convicted of a felony;
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[(b)] (ii) has not been convicted of a crime of violence;
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[(c)] (iii) has not been convicted of an offense involving the use of alcohol;
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[(d)] (iv) has not been convicted of an offense involving the unlawful use of narcotics
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or other controlled substances;
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[(e)] (v) has not been convicted of an offense involving moral turpitude;
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[(f)] (vi) has not been convicted of an offense involving domestic violence;
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[(g)] (vii) has not been adjudicated by a state or federal court [of a state or of the
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United States] as mentally incompetent, unless the adjudication has been withdrawn or
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reversed; and
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[(h)] (viii) is qualified to purchase and possess a [dangerous weapon and a handgun]
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firearm pursuant to Section
76-10-503
and federal law.
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(b) In assessing good character under Subsection (2)(a), the licensing authority shall
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consider mitigating circumstances.
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(3) (a) The division may deny, suspend, or revoke a concealed firearm permit if [the
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licensing authority] it has reasonable cause to believe that the applicant has been or is a danger
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to self or others as demonstrated by evidence, including[, but not limited to]:
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(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
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(ii) past participation in incidents involving unlawful violence or threats of unlawful
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violence; or
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(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
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(b) The division may not deny, suspend, or revoke a concealed firearm permit solely
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for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
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(c) In determining whether the applicant has been or is a danger to self or others, the
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division may inspect:
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(i) expunged records of arrests and convictions of adults as provided in Section
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77-18-15
; and
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(ii) juvenile court records as provided in Section
78-3a-206
.
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(d) (i) If a person granted a permit under this part has been charged with a crime of
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violence in any state, the division shall suspend the permit.
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(ii) Upon notice of the acquittal of the person charged, or notice of the charges having
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been dropped, the division shall immediately reinstate the suspended permit.
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(4) A former peace officer who departs full-time employment as a peace officer, in an
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honorable manner, shall be issued a concealed firearm permit within five years of that
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departure if the officer meets the requirements of this section.
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[(5) In assessing good character under Subsection (2), the licensing authority shall
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consider mitigating circumstances.]
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[(6)] (5) Except as provided in Subsection [(7)] (6), the licensing authority shall also
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require the applicant to provide:
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(a) the address of the applicant's permanent residence;
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(b) one recent dated photograph;
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(c) one set of fingerprints; and
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(d) evidence of general familiarity with the types of firearms to be concealed as defined
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in Subsection [(8)] (7).
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[(7)] (6) An applicant who is a law enforcement officer under Section
53-13-103
may
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provide a letter of good standing from the officer's commanding officer in place of the [items]
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evidence required by Subsection [(6)] (5)(d).
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[(8)] (7) (a) General familiarity with the types of firearms to be concealed includes
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training in:
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(i) the safe loading, unloading, storage, and carrying of the types of firearms to be
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concealed; and
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(ii) current laws defining lawful use of a firearm by a private citizen, including lawful
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self-defense, use of force by a private citizen, including use of deadly force, transportation, and
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concealment.
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(b) Evidence of general familiarity with the types of firearms to be concealed may be
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satisfied by one of the following:
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(i) completion of a course of instruction conducted by [any] a national, state, or local
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firearms training organization approved by the division;
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(ii) certification of general familiarity by a person who has been certified by the
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division, which may include a law enforcement officer, military or civilian firearms instructor,
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or hunter safety instructor; or
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(iii) equivalent experience with a firearm through participation in an organized
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shooting competition, law enforcement, or military service.
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(c) [Any instruction] Instruction taken by a student under Subsection [(8)] (7)(b) shall
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be in person and not through electronic means.
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[(9)] (8) (a) An applicant for certification as a Utah concealed firearms instructor shall:
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[(a)] (i) be at least 21 years of age[; and] and a resident of the state;
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[(b)] (ii) be currently eligible to possess a firearm under Section
76-10-503
and federal
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law[.]; and
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(iii) have a current National Rifle Association certification or its equivalent as
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determined by the division.
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(b) An instructor's certification is valid for three years from the date of issuance, unless
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revoked by the division.
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(c) (i) In order to renew a certification, an instructor shall attend a renewal course and
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pass a renewal test under the direction of the division.
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(ii) (A) Beginning May 1, 2006, the division shall provide the course referred to in
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Subsection (8)(c)(i) at least twice every three years.
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(B) The renewal course shall include instruction on current Utah law related to
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firearms, including concealed carry statutes and rules, and the use of deadly force by private
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citizens.
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(d) (i) Each applicant for certification under this Subsection (8) shall pay a fee of
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$50.00 at the time of application for initial certification.
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(ii) The renewal fee for the certificate is $25.
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(iii) All fees paid under this Subsection (8)(d) shall be promptly deposited in the state
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treasury and credited to the General Fund.
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[(10)] (9) [Each] A certified concealed firearms instructor shall provide each of the
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instructor's students with the required course of instruction outline approved by the division.
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[(11) All] (10) (a) (i) A concealed firearms [instructors are] instructor is required to
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provide a signed certificate to [persons] a person completing the offered course of instruction[,
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which certificate shall be provided by the applicant].
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(ii) The instructor shall sign the certificate with the exact name indicated on the
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instructor's certification issued by the division under Subsection (8).
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(iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
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is the exclusive property of the instructor and may not be used by any other person.
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(B) The instructor shall destroy the seal upon revocation or expiration of the
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instructor's certification under Subsection (8).
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(C) The division shall determine the design and content of the seal to include at least
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the following:
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(I) the instructor's name as it appears on the instructor's certification;
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(II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
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certification expires on (the instructor's certification expiration date)"; and
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(III) the instructor's business or residence address.
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(D) The seal shall be affixed to each student certificate issued by the instructor in a
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manner that does not obscure or render illegible any information or signatures contained in the
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document.
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(b) The applicant shall provide the certificate to the division in compliance with
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Subsection (5)(d).
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[(12)] (11) The division may deny, suspend, or revoke the certification of a concealed
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firearms instructor if [the licensing authority] it has reason to believe the applicant has:
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(a) become ineligible to possess a firearm under Section
76-10-503
or federal law; or
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(b) knowingly and willfully provided false information to the division.
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[(13)] (12) A concealed firearms instructor has the same appeal rights as set forth in
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Subsection [(16)] (15).
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[(14)] (13) In issuing a permit under this part, the licensing authority is not vicariously
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liable for damages caused by the permit holder.
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[(15)] (14) [If any person] An individual who knowingly and willfully provides false
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information on an application filed under this part[, he] is guilty of a class B misdemeanor, and
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[his] the application may be denied, or [his] the permit may be suspended or revoked.
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[(16)] (15) (a) In the event of a denial, suspension, or revocation [by the agency] of a
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permit, the applicant may file a petition for review with the board within 60 days from the date
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the denial, suspension, or revocation is received by the applicant by certified mail, return
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receipt requested.
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(b) The denial of a permit shall be in writing and shall include the general reasons for
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the action.
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(c) If an applicant appeals [his] the denial to the review board, the applicant may have
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access to the evidence upon which the denial is based in accordance with Title 63, Chapter 2,
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Government Records Access and Management Act.
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(d) On appeal to the board, the agency [shall have] has the burden of proof by a
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preponderance of the evidence.
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(e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a
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final order within 30 days stating the board's decision.
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(ii) The final order shall be in the form prescribed by Subsection
63-46b-5
(1)(i).
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(iii) The final order is final agency action for purposes of judicial review under Section
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63-46b-15
.
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[(17)] (16) The commissioner may make rules in accordance with Title 63, Chapter
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46a, Utah Administrative Rulemaking Act, necessary to administer this chapter.
Legislative Review Note
as of 2-7-06 7:31 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.