Utah Admin. Code R156-46b-403 - Evidentiary Hearings in Informal Adjudicative Proceedings
(1) In accordance with Section
63G-4-203, evidentiary hearings
are not required for Division informal adjudicative proceedings unless:
(a) required by statute or rule; or
(b) permitted by rule and requested by a
party within the time prescribed by rule.
(2) Unless otherwise provided, a request for
an evidentiary hearing permitted by rule shall be submitted in writing:
(a) within 20 days of the issuance of the
notice of agency action if the proceeding was commenced by the Division;
or
(b) with the request for agency
action if the proceeding was not commenced by the Division.
(3) An evidentiary hearing is
required for an informal adjudicative proceeding under
R156-46b-202(1)(g),
citation hearings.
(4) An
evidentiary hearing is permitted for an informal adjudicative proceeding under
Subsection R156-46b-202(1)(f),
matters relating to the Utah Professionals Health Program.
(5)
(a)
Unless otherwise agreed by the parties, an evidentiary hearing may not be held
in an informal adjudicative proceeding unless timely notice of the hearing has
been served upon the parties as required by Subsection
63G-4-203(1)(d).
(b) Timely notice means service of a notice
of hearing upon the parties at least ten days prior to the scheduled
evidentiary hearing.
(6)
Parties shall be permitted to testify, present evidence, and comment on the
issues at an evidentiary hearing in a Division informal adjudicative
proceeding.
Notes
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