Utah Admin. Code R35-2-3 - Scheduling and Declining Requests for Vexatious Requester Hearings

(1) To decline a request for a hearing under Section 63G-2-209, the Executive Secretary shall consult with the Chair and one other member of the Committee.

(a) The Committee Chair must agree with the Executive Secretary's recommendation to decline to schedule a hearing.

(b) The Executive Secretary's notice to the petitioner and respondent shall include the reasons for the denial and notify the parties that the Committee will vote to accept or reject the recommendation to deny the petition without a hearing.

(c) Upon notifying the parties of the denial, the Executive Secretary shall add an action item to the next meeting agenda when the Committee will vote to accept or reject the denial.

(2) To request a hearing on whether an individual is a vexatious requester, the governmental entity must submit the following:

(a) the name, phone number, mailing address, and email address of the respondent;

(b) a description of the conduct that the governmental entity claims demonstrates that the respondent is a vexatious requester;

(c) a statement of the relief sought;

(d) a sworn or unsworn declaration; and

(e) verification that the governmental entity sent a copy of the petition to the respondent.

(f) If the governmental entity has not provided the information required in Subsection R35-2-3(2), the Executive Secretary shall notify the governmental entity that a hearing may not be scheduled until the proper information is submitted.

Notes

Utah Admin. Code R35-2-3

Adopted by Utah State Bulletin Number 2023-17, effective 8/23/2023 Amended by Utah State Bulletin Number 2024-03, effective 1/29/2024