Utah Admin. Code R35-1-1 - Scheduling Committee Meetings
(1) The
Executive Secretary shall respond in writing to the notice of appeal within
seven business days.
(2) Two weeks
before the Committee meeting or appeal hearing, the Executive Secretary shall
post a notice of the meeting on the Utah Public Notice Website.
(3) The Executive Secretary sets the agenda
for the meeting. If the Committee Chair determines necessary, the Executive
Secretary may postpone appeals to the next available meeting.
(4) With exception to disputed records that
will be reviewed in camera during a hearing, a party to an appeal before the
Committee, including any intervening or interested-third party, shall submit to
the Executive Secretary no later than five business days before the parties'
scheduled hearing all evidence the party desires the Committee consider,
including a statement of facts, reasons, and legal authority supporting the
party's position, witness list, and exhibits. The Committee may not accept nor
consider evidence or materials submitted later than five business days before
the scheduled hearing date.
(5)
(a) Pursuant to Subsection
63G-2-401(5)(c)
a party wishing to postpone an appeal shall notify the Committee via the
Executive Secretary and the other party in writing with the reason for
postponement.
(b) If the petitioner
wishes to withdraw the appeal, the petitioner shall notify the Committee via
the Executive Secretary and the governmental entity in writing no later than
five days before the scheduled hearing date.
(c) The Committee Chair has the discretion to
grant or deny a request to postpone a hearing based upon:
(i) the reasons given by in the
request;
(ii) the timeliness of the
request;
(iii) whether a party has
previously requested and received a postponement;
(iv) whether the other party stipulated to
the postponement; or
(v) any other
factor determined to protect the equitable interests of the parties.
(d) If the request to postpone is
granted, the Chair shall instruct the Executive Secretary to schedule the
appeal for a later hearing date pursuant to Subsection
63G-2-403(4)(a).
(e) The Chair shall ordinarily deny a
governmental entity's request to postpone the hearing unless the governmental
entity has obtained the petitioner's prior consent to reschedule the hearing
date or has provided a showing of good cause for the
postponement.
Notes
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