Utah Admin. Code R33-26-603 - Procedures Governing Informal Adjudicatory Proceedings
(1) No response needs to be filed to the
notice of agency action or request for agency action.
(2) The division may hold a hearing at the
discretion of the director of the Division of Purchasing and General Services
or his designee unless a hearing is required by statute. A request for hearing
must be made within ten days after receipt of the notice of agency action or
request for agency action.
(3) Only
the parties named in the notice of agency action or request for agency action
will be permitted to testify, present evidence and comment on the
issues.
(4) A hearing will be held
only after timely notice of the hearing has been given.
(5) No discovery, either compulsory or
voluntary, will be permitted except that all parties to the action shall have
access to information and materials not restricted by law.
(6) No person may intervene in an agency
action unless federal statute or rule requires the agency to permit
intervention.
(7) Any hearing held
under this rule is open to all parties.
(8) Within thirty days after the close of any
hearing, the director of the Division of Purchasing and General Services or his
designee shall issue a written decision stating the decision, the reasons for
the decision, time limits for filing an appeal with the director of the
superior agency, notice of right of judicial review, and the time limits for
filing an appeal to the appropriate district court.
(9) The decision rendered by the Director of
the Division of Purchasing and General Services or his designee shall be based
on the facts in the division file and if a hearing is held, the facts based on
evidence presented at the hearing.
(10) The agency shall notify the parties of
the agency order by promptly mailing a copy thereof to each at the address
indicated in the file.
(11) Whether
a hearing is held or not, an order issued under the provisions of this rule
shall be the final order and then may be appealed to the appropriate district
court.
Notes
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