Utah Admin. Code R25-3-5 - Commencement of Informal Adjudicative Proceedings
(1) Purpose. An informal review hearing
provides a fair and impartial opportunity for the Parties to be heard and to
present evidence. The adjudicative process allows the Appeal Authority to be
completely informed about the case. After having considered the Parties'
evidence, the Appeal Authority may then render a decision based upon all of the
facts, circumstances, and applicable laws, rules, and policies.
(2) After granting the Request for Review,
the Administrator shall promptly designate the Appeal Authority and its
presiding hearing officer, as authorized in Subsection
63A-3-110(4)
(b).
(3) The presiding Appeal Authority hearing
officer shall schedule a hearing date at least 30 days from the mailing date of
the hearing notice.
(4) A written
notice of the review hearing, signed by the presiding Appeal Authority hearing
officer, shall be mailed to the Administrator and all Parties and any other
person who has a right to notice under statute or rule in accordance with
Section
63G-4-201,
and shall include the following:
(a) the names
and mailing addresses of all persons to whom notice is being given, and the
name, title, and mailing address of any attorney or employee who has been
designated to appear for the Responsible Governmental Entity;
(b) the case file number or other reference
number (if applicable);
(c) the
name of the adjudicative proceeding;
(d) the date that the notice of the review
hearing was mailed;
(e) a statement
that the review hearing is to be conducted informally according to the
provisions of rules adopted under Sections
63G-4-202
and
63G-4-203;
(f) a statement of the time and place of the
scheduled review hearing, a statement of the purpose for which the hearing is
to be held, and, to the extent known by the presiding Appeal Authority hearing
officer, the questions to be decided;
(g) a statement that a Party who fails to
attend or participate in a scheduled and noticed hearing may be held in
default;
(h) a statement of the
legal authority and jurisdiction under which the review hearing is to be
maintained (i.e. Subsection
63A-3-110(4);
(i) the name, title, mailing address, and
telephone number of the presiding Appeal Authority hearing officer.
Notes
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