Utah Admin. Code R25-2-1 - Informal Proceedings
(1) Matters
over which the division has jurisdiction and which are subject to Section
63G-4-203
will be informal in nature for purposes of adjudication. The division director
or the division director's designee will preside over any proceeding.
(2) Procedures Governing Informal
Adjudicatory Proceedings.
(a) No response need
be filed to the notice of division action or hearing or to the request for
division action or hearing.
(b) The
division shall hold a hearing only if a hearing is required by statute.
(c) Only the parties named in the
notice of division action or hearing or in the request for division action or
hearing will be permitted to testify, present evidence, and comment on the
issues.
(d) A hearing will be held
only after timely notice of the hearing has been given.
(e) No discovery, either compulsory or
voluntary will be permitted except that each party to the action shall have
access to information contained in the division's files and investigatory
information and materials not restricted by law.
(f) No person, as defined in the Utah
Administrative Procedures Act, Subsection
63G-4-103(1)(g),
may intervene in a division action unless federal statute or rule requires the
division to permit intervention.
(g) Any hearing held under this rule is open
to all parties.
(h) Within 30 days
after the close of any hearing held under this rule, the division director or
the division director's designee shall issue a written order stating the
decision, the reasons for the decision, notice of right of judicial review, and
the time limits for requesting agency review and for filing an appeal to the
appropriate district court.
(i) The
order and decision of the division director or the division director's designee
shall be based on the facts in the division file and if a hearing is held, the
facts based on evidence presented at the hearing.
(j) The division shall notify the parties of
the division order by promptly mailing a copy thereof to each at the address
indicated in the file. If a party agrees to receive the order through email,
the division may email a copy of the division order to an email address
provided by the party, instead of mailing a copy to that party.
(k) Whether a hearing is held or not, an
order issued under this rule shall be the final order of the division and may
be appealed to the appropriate district court, as provided in the Utah
Administrative Procedures Act.
(3) A request for agency review of a division
order must be made in writing within 30 days of the date of the division order
to be reviewed, and must be directed to the division director of the Division
of Finance, Taylorsville State Office Building, 4315 South 2700 West, Floor 3,
Taylorsville, UT 84129-2128.
(4)
Any other appeals or requests for review that are allowed by Subsection
63G-4-203,
and Subsection
63G-4-103(1)(g),
must be made in writing and directed to the division director of the Division
of Finance, Taylorsville State Office Building, 4315 South 2700 West, Floor 3,
Taylorsville, UT 84129-2128.
Notes
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