{
and not
}
to the extent that Section 32A-1-120
is inconsistent with
Title 63, Chapter 46b, Administrative Procedures Act.
2. Page
12, Line 357 through Page 13, Line 373
:
357
(1) (a) In a disciplinary proceeding, as defined in Section
32A-1-119
, any [party]
358
respondent named in a final order of the commission may seek judicial review pursuant to
this
359
section.
360
[(2) (a) The findings of the commission on questions of fact are final and are not
361
subject to review.]
362
[(b) "Questions of fact" include ultimate facts and findings and conclusions of the
363
commission on reasonableness and discretion.]
364
{
[
}
{
(3)
}
(b)
After the hearing, the reviewing court shall enter
judgment affirming or setting
365
aside the order of the commission.
{
]
}
366
{
(b)
}
(c)
Judicial review of a final commission order concerning a
disciplinary proceeding is
367
governed by this section
{
and not
}
to the extent that it is inconsistent with
Title 63, Chapter 46b, Administrative Procedures Act.
368
(2) The reviewing court of a final
commission
order described in Subsection (1)
shall
{
:
369
(a) review on the record the commission's final order for abuse of discretion;
and
370
(b) (i) affirm the commission's final order if the reviewing court finds that the
371
commission did not abuse its discretion; or
372
(ii) remand the case to the commission for the commission to correct an error if
the
373
reviewing court finds that the commission abused its discretion.
}
review a final
commission order de novo.
Larry Lunt, Chairman, Alcohol Beverage Control Commission, Sheila Page,
Attorney, and Earl Dorius, Dept. of Alcoholic Beverage Control, spoke in support of the
bill and against the amendment.
Bob Brown, President, Utah Hospitality Association, spoke in support of the
amendment.
MOTION: Sen. Davis moved to adopt the amendment.
The motion passed with Sens. Hickman, Killpack, Davis, and Mayne voting in favor of
the amendment, Sens. Jenkins, Helewell, and Mansell voting in opposition, and Sens.
Hatch and Waddoups absent for the vote.
MOTION: Sen. Hellewell moved to proceed to the next item on the agenda.
The motion passed unanimously with Sens. Hatch and Waddoups absent for the vote.
6. S.B. 157 Impact of Administrative Rules on Small Businesses (H. Stephenson)
Sen. Stephenson introduced the bill.
Candace Daly, State Director, National Federation of Independent Businesses, and Robin
Riggs, Salt Lake Area Chamber of Commerce, spoke in support of the bill.
MOTION: Sen. Mansell moved to pass the bill out favorably.
The motion passed unanimously with Sens. Hatch, Waddoups, and Davis absent for the
vote.
MOTION: Sen. Killpack moved to adjourn.
The motion passed unanimously with Sen. Waddoups absent for the vote.
Chair Jenkins adjourned the meeting at 9:35 a.m.
________________________________
Sen. Scott K. Jenkins, Committee Chair