Utah Admin. Code R21-2-13 - Conduct of Hearing in Informal Adjudicative Proceedings
(1) The hearing
shall be conducted by a duly qualified presiding officer. No presiding officer
shall hear a contested case if it is alleged and proved that good cause exists
for the removal of the presiding officer assigned to the case. The party or
representative requesting the change of presiding officer shall make the
request in writing, and the request shall be filed and called to the attention
of the presiding officer not less than two business days in advance of the
hearing.
(2) Duties of the
presiding officer:
(a) Based upon the notice
of office action, objections thereto, if any, and the evidence presented at the
hearing, the presiding officer shall determine the liability and
responsibility, if any, of the parties.
(b) The presiding officer conducting the
hearing may:
(i) regulate the course of
hearing on all issues designated for hearing;
(ii) receive and determine procedural
requests, rule on offers of proof and evidentiary objections, receive relevant
evidence, rule on the scope and extent of cross-examination, and hear argument
and make determination of all questions of law necessary to the conduct of the
hearing;
(iii) request testimony
under oath or affirmation administered by the presiding officer;
(iv) upon motion, amend the notice of office
action to conform to the evidence.
(3) Rules of Evidence:
(a) Discovery is prohibited, but the office
may issue subpoenas or other orders to compel production of necessary
evidence.
(b) Any person who is a
party to the proceedings may call witnesses and present such oral, documentary,
and other evidence and comment on the issues and conduct such cross-examination
of any witness as may be required for a full and true disclosure of all facts
relevant to any issue designated for fact hearing and as may affect the
disposition of any interest which permits the person participating to be a
party.
(c) Any evidence may be
presented by affidavit rather than by oral testimony subject to the right of
any party to call and examine or cross-examine the affiant.
(d) All relevant evidence shall be
admitted.
(e) Official notice may
be taken of all facts of which judicial notice may be taken in the courts of
this state.
(f) All parties shall
have access to information contained in the office's files and to all materials
and information gathered in the hearing, to the extent permitted by
law.
(g) Intervention is
prohibited.
(4) Rights of
the parties: A party appearing before the presiding officer for the purpose of
a hearing may be represented by a licensed attorney, or, after leave of the
presiding officer, any other person designated to act as the party's
representative for the purpose of the hearing. The office's supporting evidence
for the office's claim shall be presented at a hearing before the presiding
officer by a representative of the office. The supporting evidence may, at the
office's discretion, be presented by a representative from the office of the
Attorney General.
Notes
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No prior version found.