V-1 Oil Co. v. Dept. of Environ. Quality

ON CERTIORARI TO THE UTAH COURT OF APPEALS The issue before us is whether an administrative agency, in this case the Solid and Hazardous Waste Control Board (the ""Board""), can appoint an agency employee to preside at a formal hearing to decide whether a party before that agency, in this case V-1 Oil Company, failed to remediate leakage from one of its underground storage tanks. The officer appointed by the Board to conduct the hearing, David O. McKnight, also worked as a part-time staff attorney within the division that was charged with investigating and prosecuting such violations. Although his duties as staff attorney were structurally segregated from the branch of the division conducting investigations and prosecutions of underground storage leaks, [1 OIL COvDEPTOF ENVIRONQUALITY, 939 P2d Page 1194] V-1 asserted that McKnight was biased and challenged his appointment. The Board refused to order McKnight's recusal. V-1 then petitioned the Utah Court of Appeals for an extraordinary writ. That Court held that McKnight could not sit. V-1 Oil Co. v. Department of Envtl. Quality, 893 P.2d 1093, 1097 (Utah.Ct.App. 1995) (""V-1 Oil Co. I""). We granted a petition for a writ of certiorari to review that decision. 910 P.2d 425 (Utah 1995). We reverse.