Utah Admin. Code R497-100-6 - Availability of Hearing
(1) When an agency
commences an informal adjudicative proceeding, if statute or agency rule does
not provide otherwise, a party may request a hearing within 15 calendar days of
receipt of the notice of agency action.
(2) The agency shall promptly forward hearing
requests to the office, unless statute or rule designates another presiding
officer.
(3) In the case of a
hearing commenced under Subsection (1), a party who fails to request a hearing
within 15 calendar days of receipt of the notice of agency action shall have no
right to an administrative hearing or judicial review of the agency action,
unless the party can demonstrate, by a preponderance of the evidence, that it
was virtually impossible or unreasonably burdensome to file the request within
15 calendar days.
(4) If the
aggrieved party requests a hearing and if there is a disputed issue or fact,
the presiding officer may hold an informal hearing in connection with an agency
action. If there is no disputed issue of fact, the presiding officer may deny a
request for a hearing and issue a decision without a hearing, based on the
record. In the decision, the presiding officer shall specifically set out all
material, and relevant facts that are not in dispute. If the aggrieved person
objects to the denial of a hearing, that person may raise that objection as
grounds for relief in a request for reconsideration.
(5) There is no issue of fact if:
(a) the aggrieved person tenders facts which
on their face establish the right of the agency to take the action or obtain
the relief sought in the proceeding; or
(b) the aggrieved person tenders facts upon
the request of the presiding officer and the fact does not conflict with the
facts relied upon by the agency in taking its action or seeking its
relief.
Notes
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