Utah Admin. Code R151-4-510 - Prehearing Conference - Scheduling the Hearing Date

(1) Each notice of agency action or initial decision as to a request for agency action:

(a) shall contain the time, date, and location of a prehearing conference, that shall be at least 45 calendar days but not more than 60 calendar days after the date of the notice of agency action or initial decision as to a request for agency action;

(b) shall contain a clear notice that failure to respond within 30 calendar days may result in:

(i) cancellation of the prehearing conference; and

(ii) a default order; and

(c) may contain the date, consistent with Section R151-4-108, of the scheduled hearing.

(2)

(a) The prehearing conference may be in person or telephonic.

(b) Each Party, or their counsel, shall participate in the conference.

(c) The conference shall include discussion and scheduling of discovery, prehearing motions, and other necessary matters.

(3) During the prehearing conference, the presiding officer shall issue a verbal order, and shall issue a written order to the same effect within two business days after the conference is concluded, that shall address each of the following:

(a) if necessary, scheduling an additional prehearing conference;

(b) setting a deadline for the filing of prehearing motions and cross motions, including motions for summary judgment, allowing for motions to be submitted and ruled on before the hearing date;

(c) modifying, if appropriate, a deadline for disclosures;

(d) resolving discovery issues;

(e) establishing a schedule for briefing, discovery needs, expert witness reports, witness and exhibit lists, objections, and other necessary or appropriate prehearing matters;

(f) if not already scheduled, scheduling a hearing date in compliance with Section R151-4-108; and

(g) dealing with other necessary matters.

(4) A party joined after the prehearing conference is bound by the order issued as a result of that conference unless the order is modified in writing pursuant to a stipulation or motion.

(5)

(a) The presiding officer shall schedule prehearing matters consistent with Section R151-4-108.

(b) The presiding officer may:

(i) adjust time frames as necessary to accommodate Section R151-4-108; and

(ii) schedule appropriate prehearing matters to occur concurrently.

Notes

Utah Admin. Code R151-4-510

Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022