Utah Admin. Code R477-101-11 - Notice
(1) If after review of the full investigative
result and findings the chair determines the complaint is factually or legally
insufficient to establish misconduct, the chair shall dismiss the complaint and take
no further action.
(2) If after review
of the full investigative result and findings the chair determines the complaint
requires further action, the chair shall convene the committee and order a committee
meeting be scheduled.
(3) After
convening the committee the chair shall provide respondent ALJ written notice of the
ALJ's right to appear, speak, and present documents at the committee meeting. The
chair shall also provide the respondent ALJ with a copy of the complaint and the
results of the division's investigation.
(4) The chair shall delivery notice that a
committee has been convened and a committee meeting ordered by personal service or
certified mail upon the respondent ALJ or the respondent ALJ's representative.
Service of any other notices or papers may be regular mail.
(5) Within 20 days after receiving written notice
from the chair that a committee has been convened the respondent ALJ may provide the
committee a written response to the complaint.
(6) After receipt of the respondent ALJ's response
or after expiration of the time to respond the committee shall, in consultation with
the ALJ, schedule a committee meeting. The committee shall notify the ALJ in writing
of the date, time, and place of the committee meeting. Unless continued for good
cause, committee meeting shall be held within four months of the date a committee is
convened on a complaint.
(7) No later
than 20 days before the scheduled committee meeting the chair shall provide the
respondent ALJ with copies of any documents proposed for use at the committee
meeting or to be relied upon in making its report and recommendation.
(8) respondent ALJ is entitled to representation
at every stage of the committee proceedings or the committee meeting.
(9) Neither the Utah Rules of Evidence nor the
Utah Rules of Civil Procedure apply in committee proceedings.
Notes
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