Utah Admin. Code R27-2-1 - Informal Proceedings
(1) The
following categories of proceedings are hereby designated as informal
proceedings under Title 63G, Chapter 4, Utah Administrative Procedures Act:
(a) Determinations regarding employee driving
privileges for operation of division vehicles within state government;
or
(b) Any agency action not
exempted under the Administrative Procedures Act.
(2) Procedures governing informal
proceedings.
(a) No response need be filed to
the notice of agency action or request for agency action.
(b) The agency shall hold a hearing only if a
hearing is required by statute, or is permitted by statute and a request for
agency action, otherwise, at the discretion of the agency head no hearing shall
be held.
(c) Only the parties named
in the notice of agency action or request for agency action may be permitted to
testify, present evidence, and comment on the issues.
(d) A hearing may be held only after timely
notice of the hearing has been given.
(e) No discovery, either compulsory or
voluntary, may be permitted except that all parties to the action shall have
access to information contained in the agency's files and investigatory
information and materials not restricted by law.
(f) No person, as defined in Subsection
63G-4-103(1)(g),
may intervene in an agency action unless federal statute or rule requires the
agency to permit intervention.
(g)
Any hearing held under this rule is open to all parties.
(3) Within 30 days after the close of any
hearing held under this rule, or after the failure of a party to request a
hearing, the agency head shall issue a written decision stating the decision,
the reasons for the decision, a notice of right of judicial review, and the
time limits for filing an appeal to the appropriate district court.
(4) The agency head's decision shall be based
on the facts in the agency file and, if a hearing is held, the facts based on
evidence presented at the hearing.
(5) Decisions from the division may be
appealed to the executive director of the department.
(6) The agency shall notify all parties of
the agency order by promptly mailing a copy thereof to each at the address
indicated in the file.
(7) Whether
a hearing is held or not, an order issued under this rule shall be the final
order of the agency and may be appealed to the appropriate district
court.
Notes
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