Utah Admin. Code R35-1-2 - Procedures for Appeal Hearings
(1) The
meeting shall be called to order by the Committee Chair.
(2) The Committee Chair shall swear in the
parties.
(3) The Chair shall set
the time limit for the parties to present their cases pursuant to Subsection
63G-2-403(8),
but in no event may the Chair limit the parties' presentations to less than 5
minutes.
(a) The petitioner's and governmental
entity's cases may consist of testimony, argument, relevant evidence, and any
relevant witnesses.
(b) Witnesses
providing testimony shall be sworn in by the Committee Chair.
(c) Questioning of the witnesses and parties
by Committee members is permitted.
(4)
(a) If
the appeal involves proper classification of a record, the governmental entity
must bring the disputed records to the hearing to allow the Committee to view
records in camera if it deems an in camera inspection necessary pursuant to
Subsection
63G-2-403(9).
(b) If the records withheld are voluminous or
the governmental entity contends they have not been identified with reasonable
specificity, the governmental entity shall notify the Committee via the
Executive Secretary at least seven days before the hearing and obtain approval
from the Committee Chair to bring a representative sample of the potentially
responsive records to the hearing, if it is possible to do so.
(c) Records provided by the governmental
entity for in camera review by the Committee remain in the custody of the
governmental entity. Records for in camera review are retained by the Committee
for only the period of in camera review and are returned to the governmental
entity or destroyed, provided they are not the record copy, at the conclusion
of the in camera review.
(5) Third party presentations may be
permitted. No later than five days before the hearing, the third party shall
notify the Executive Secretary of their intent to present. Third party
presentations will be presented before closing arguments.
(6) Closing arguments may be presented by the
petitioner and the governmental entity. Each party shall be allowed equal time
to present a closing argument and make rebuttal statements.
(7)
(a)
After the conclusion of the closing arguments, the Committee shall start
deliberations. A Committee Member shall make a motion described in the list
under Subsection R35-1-5(1). The Committee shall vote and make public the
decision of the Committee during the hearing.
(b) In the event of a tie vote, the Committee
Chair shall ask if the Committee wishes to continue deliberation. If so,
deliberation continues and another motion may be made. If a tie vote occurs a
second time, the Chair shall withdraw their vote to break the tie.
(8) At any time, the Committee may
adjourn, reschedule, continue, or reopen a hearing on the motion of a
member.
(9) Except as expressly
authorized by law, there shall be no communication between the parties and the
members of the Committee concerning the subject matter of the appeal before the
hearing or before the issuance of an Order. Any other oral or written
communication from the parties to the members of the Committee, or from the
members of the Committee to the parties, shall be directed to the Executive
Secretary for transmittal.
(10) The
following provisions govern any meeting at which one or more members of the
Committee or a party appears telephonically or electronically, pursuant to
Section 52-4-207.
(a) The anchor location is the physical
location from which the electronic meeting originates as indicated on the
public notice.
(b) Public notices
of the meeting shall show if one or more Committee members or parties may be
participating electronically or telephonically. In addition, the notice shall
specify the anchor location where the members of the Committee not
participating electronically or telephonically will be meeting and where
interested persons and the public may attend and monitor the open portions of
the meeting.
(c) When notice is
given of the possibility of a member of the Committee appearing electronically
or telephonically, any member of the Committee may do so and shall be counted
as present for purposes of a quorum and may fully participate and vote on any
matter coming before the Committee. At the commencement of the meeting, or at
such time as any member of the Committee initially appears electronically or
telephonically, the Committee Chair shall identify for the record each of those
who are appearing telephonically or electronically. When conducting a meeting
with any Board members participating telephonically or electronically, the
Committee Chair will take votes by roll call.
(11) If the Committee determines at any time
before, or during a hearing, that a necessary third party must either be added
as a party to the appeal or otherwise be present or testify, the Committee may
vote to continue the hearing to a later date, if necessary, and compel the
third party's attendance by way of a subpoena.
(12) Nothing in this section precludes the
Committee Chair from taking appropriate measures necessary to maintain the
order and integrity of the hearing.
Notes
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