Barney v. Division of Occupational & Professional Licensing, Department of Commerce

This case is before the court on respondent Division of Occupational and Professional Licensing’s motion for summary dismissal of the petition for judicial review. We dismiss the petition for lack of jurisdiction.

Petitioner is licensed by the Division of Occupational and Professional Licensing to administer a health facility pursuant to Utah Code Ann. § 58-15-1 to -11 (1990). The Division is empowered to suspend, revoke or place on probation the license of any licensee who “is or has been guilty of unprofessional conduct, as defined by statute or rule.” Utah Code Ann. § 58-1-15 (Supp.1991).…