Utah Admin. Code R251-108-3 - Policy

(1) All adjudicative proceedings not exempted under Section 63G-4-202 shall be informal.

(2) Upon receipt of a petition, the Department shall conduct an informal hearing regarding its actions or the applicability of Department policies, rules, orders, or procedures that relate to particular actions.

(3) The Department shall provide forms and instructions for persons or entities who request a hearing.

(4) Hearings shall be held in accordance with procedures outlined in Section 63G-4-203.

(5) The provisions of this rule do not affect any legal remedies otherwise available to a person or an entity to:

(a) compel the Department to take action; or

(b) challenge a rule of the Department;

(6) The provisions of this rule do not preclude the Department, or the presiding officer, before or during an adjudicative proceeding, from requesting or ordering conferences with parties and interested persons to:

(a) encourage settlement;

(b) clarify the issues;

(c) simplify the evidence;

(d) expedite the proceedings; or

(e) grant summary judgment or a timely motion to dismiss.

(7) A presiding officer may lengthen or shorten any time period prescribed in this rule, with the exception of those time periods established in Title 63G, Chapter 4, Administrative Procedures Act, applicable to this rule.

(8) The Executive Director or their designee shall appoint a presiding officer to consider a petition within five working days after its receipt.

(9) The presiding officer shall conduct a hearing regarding allegations contained in the petition within 30 working days after notification by the Executive Director.

(10) The presiding officer shall issue a ruling subject to the final approval of the Executive Director within 15 working days following the hearing and forward a copy of the ruling by certified mail to the petitioner.

(11) The petition and a copy of the ruling shall be retained in the Department's records for a minimum of two years.

(12) The ruling issued by the presiding officer terminates the informal adjudicative proceeding process.

(13) Appeals shall be submitted to a court of competent jurisdiction as outlined in Sections 63G-4-401 and 63G-4-402.

Notes

Utah Admin. Code R251-108-3

Amended by Utah State Bulletin Number 2023-22, effective 11/7/2023