The Appellate Group

Ho v. Department of Commerce

Ho v. Department of Commerce, 2023 UT App 87 (Harris, J.)

Statutory Interpretation

Applicant’s application for an unrestricted massage therapy license was denied by Utah’s Division of Occupational and Professional Licensing (DOPL). Applicant sought judicial review of the DOPL’s decision, and the district court sustained the denial. Applicant appealed, asserting that the district court improperly relied on bad evidence. The Utah Court of Appeals affirmed, holding:

  • The district court could consider applicant’s application history and administrative disciplinary record in deciding whether to grant applicant’s request.
  • Judicial tip: It would be improper for the district court to have considered an expunged criminal conviction, but the district court could consider the conduct that led to the charge.
  • Practice Tip: The court of appeals could not review transcripts of the bench trial or oral holding because the transcripts had not been attached as part of the appellate record. Counsel should ensure all relevant material is included in the compiled record.

Read the full court opinion