Utah Admin. Code R277-212-4 - Preliminary Instructions to Parties to a Hearing
(1) A hearing shall be scheduled no less than
45 days after receipt of an answer, unless otherwise stipulated by the
parties.
(2) No later than 25 days
before the date of a hearing, the Executive Secretary shall provide the parties
with the following information:
(a) date,
time, and location of the hearing;
(b) names and LEA affiliations of each panel
member, and the name of the hearing officer; and
(c) instructions for accessing these
rules.
(3) No later than
20 days before the date of the hearing, the respondent and the complainant
shall provide the following to the other party and to the hearing officer:
(a) a brief, if requested by the hearing
officer containing:
(i) any procedural and
evidentiary motions along with the party's position regarding the allegations;
and
(ii) relevant laws, rules, and
precedent;
(b) the name
of the person who will represent the party at the hearing;
(c) a list of witnesses expected to be
called, including a summary of the testimony that each witness is expected to
present;
(d) a summary of
documentary evidence that the party intends to submit; and
(e) following receipt of the other party's
witness list, a list of anticipated rebuttal witnesses and evidence no later
than ten days prior to the hearing.
(4)
(a)
Except as provided in Subsection (4)(b), a party may not present a witness or
evidence at the hearing if the witness or evidence has not been disclosed to
the other party as required in Subsection (3).
(b) A party may present a witness or evidence
at the hearing even if the witness or hearing has not been disclosed to the
other party if:
(i) the parties stipulate to
the presentation of the witness or evidence at the hearing; or
(ii) the hearing officer makes a
determination of good cause to allow the witness or evidence.
(5) If a party fails to
comply in good faith with a directive of the hearing officer, including time
requirements, the hearing officer may prohibit introduction of the testimony or
evidence or take other steps reasonably appropriate under the
circumstances.
(6) A party shall
provide materials to the hearing officer, panel members, and UPPAC as directed
by the hearing officer.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.