Utah Admin. Code R305-7-306 - Proceedings After a Request for Agency Action is Filed

(1) After a Request for Agency Action has been filed, the parties are encouraged to meet to attempt to resolve the matter.

(2) No response to a Request for Agency Action under Section 63G-4-204 is required, but the Director may elect to file a response. No reply to the Director's response is permitted.

(3)

(a) Any party may at any time file a request for appointment of an ALJ. An ALJ will not ordinarily be appointed until requested by a party, although the Executive Director may appoint an ALJ at any time.

(b) A request for appointment of an ALJ shall be filed as provided in R305-7-104(2)(a), and served as provided in R305-7-104(2)(b).

(4) The parties are encouraged to meet and confer regarding the nature and scope of discovery, scheduling, and other pre-hearing matters and to file, within 10 days of the appointment of the ALJ, a Joint Status Report that addresses the following subjects:

(a) a brief statement of the case;

(b) an indication as to the parties' position as to the need for further proceedings and, if such further proceedings are needed, the anticipated scope of such proceedings;

(c) whether reasonable formal discovery is warranted as provided in R305-7-310, and, if such formal discovery is warranted, the general nature and scope of the requested discovery. If the parties are not able to reach agreement on a Joint Status Report, the Director shall file and serve, within 10 days after the appointment of an ALJ, a Status Report that includes the subjects described above. Within 10 days after service of the Director's Status Report, the other party or parties may file and serve a response to the Director's Status Report.

(5) Within 10 days after receipt of the Joint Status Report or the Response to the Director's Status Report, pursuant to subpart (4) or such other time deemed reasonable by the ALJ, the ALJ shall issue a Notice of Further Proceedings in accordance with Section 63G-4-201(3)(d) and (e). Unless otherwise ordered by the ALJ for good cause (such as a situation involving the need for emergency relief), until the ALJ has issued a Notice of Further Proceedings, no responses to motions filed before that date are due. If motions are pending in the matter, the Notice of Further Proceedings shall set the schedule for briefing and, if warranted, hearing and resolution of such pending motions.

Notes

Utah Admin. Code R305-7-306

Amended by Utah State Bulletin Number 2018-21, effective 11/1/2018