01-1283

Motor Vehicle License

Signed 12/12/01

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

PETITIONER, )

) ORDER

Petitioner, )

) Appeal No. 01-1283

v. )

)

MOTOR VEHICLE ENFORCEMENT ) Tax Type: Motor Vehicle License

DIVISION, UTAH STATE TAX )

COMMISSION, ) Judge: Phan

)

Respondent. )

_____________________________________

Presiding:

Jane Phan, Administrative Law Judge

Appearances:

For Petitioner: PETITIONER

For Respondent: Gale Francis, Assistant Attorney General

Kip Ingersoll

STATEMENT OF THE CASE

This matter came before the Utah State Tax Commission for an Initial Hearing pursuant to the provisions of Utah Code Ann. '59-1-502.5, on November 28, 2001.

Petitioner is appealing the suspension of his motor vehicle dealer license #####. Respondent had suspended the license based on the results of a criminal background check on Petitioner, which indicated that Petitioner had been convicted of a 3rd degree felony.

At the hearing Petitioner provided evidence that the felony conviction had been reduced to a Class A misdemeanor. Petitioner presented the order from the Third District Court, which indicated the reduction in Case No. #####. Based on the evidence Respondent concluded that Petitioner's license should be reinstated subject to no further violation of laws involving controlled substance.

APPLICABLE LAW

(2)(a) If the administrator finds that there is a reasonable cause to deny, suspend, or revoke a license issued under this chapter, the administrator shall deny, suspend, or revoke the license. (b) Reasonable cause for denial, suspension, or revocation of a license includes . . . (viii) a violation of any state or federal law regarding controlled substances. (Utah Code Ann. 491-3-209(2).).

DECISION AND ORDER

Based on Respondent's recommendation, Petitioner's motor vehicle dealer license is reinstated. It is so ordered.

This decision does not limit a party's right to a Formal Hearing. However, this Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files a written request within thirty (30) days of the date of this decision to proceed to a Formal Hearing. Such a request shall be mailed to the address listed below and must include the Petitioner's name, address, and appeal number:

Utah State Tax Commission

Appeals Division

210 North 1950 West

Salt Lake City, Utah 84134

Failure to request a Formal Hearing will preclude any further appeal rights in this matter.

DATED this 12^th day of December , 2001.

____________________________________

Jane Phan

Administrative Law Judge

BY ORDER OF THE UTAH STATE TAX COMMISSION.

The Commission has reviewed this case and the undersigned concur in this decision.

DATED this 12^th day of December , 2001.

Pam Hendrickson R. Bruce Johnson

Commission Chair Commissioner

Palmer DePaulis Marc B. Johnson

Commissioner Commissioner