Utah Admin. Code R497-100-5 - Commencement of Proceedings
(1) Adjudicative
proceedings shall commence by either:
(a) a
notice of agency action, if proceedings are commenced by the agency;
or
(b) a request for agency action,
if persons other than the agency commence proceedings.
(2) When adjudicative proceedings are
commenced by the agency, the notice of agency action shall conform to
Subsection
63G-4-201(2) and
shall also include a statement that:
(a) the
adjudicative proceeding is to be conducted informally; and
(b) describes the aggrieved person's right to
request a hearing and the applicable time limits within which the aggrieved
person shall request a hearing.
(3) When adjudicative proceedings are
commenced by a person other than the agency, the request for agency action
shall conform to Subsections
63G-4-201(3)(a)
through 63G-4-201(3)(b)
and include the name of the adjudicative proceeding, if known.
(4) In the case of adjudicative proceedings
commenced under Subsection (3), the presiding officer shall within 20 calendar
days give notice by mail to all parties. The written notice shall:
(a) give the agency's file number or other
reference number;
(b) give the name
of the proceeding;
(c) designate
that the presiding officer shall conduct the hearing informally;
(d) if a hearing is to be held in an informal
adjudicative proceeding, state the time and place of any scheduled hearing, the
purpose for which the hearing is to be held, and that a party who fails to
attend or participate in the hearing may be held in default;
(e) if a hearing is required by statute or
rule, or if a hearing is permitted by rule and may be requested by a party
within the time prescribed by rule, state the parties' right to request a
hearing and the time within which a hearing may be requested under the agency's
rules; and
(f) give the name,
title, mailing address, and telephone number of the presiding
officer.
Notes
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