Utah Admin. Code R497-100-9 - Procedures for Informal Proceedings
In compliance with Section 63G-4-203, the procedure for the informal adjudicative proceedings are:
(1)
(a)
Unless specified otherwise in another applicable rule, the respondent to a
notice of agency action or request for agency action may, but is not required
to, file an answer or responsive pleading to the allegations contained in the
notice of agency action or the request for agency action within 15 calendar
days following receipt of the notice of agency action or request for agency
action.
(b) An attorney or
non-attorney may represent a party. The office or agency shall not pay for the
attorney.
(c) The parties shall not
exercise discovery, but the office may issue subpoenas or other orders to
compel the production of necessary evidence.
(d) Attorneys may issue their own subpoenas
for necessary evidence. Parties who are not represented by attorneys may
request subpoenas from the office. The party to whom the presiding officer has
issued a subpoena shall cause the subpoena to be served on the
witness.
(e) Parties shall request
a subpoena as shortly after a hearing date is set as is possible. The office
will not issue subpoenas less than 16 calendar days before the
hearing.
(f) Each party shall have
access to information contained in the agency's files and to materials and
information gathered in any investigation, to the extent permitted by
law.
(g) The office may require
that parties exchange documents before the hearing to expedite the hearing
process.
(h) Intervention is
prohibited, except that intervention is allowed where a federal statute or rule
requires that a state permit intervention.
(i) The office shall hold a hearing for any
party entitled to request a hearing as a matter of law.
(j) In the hearing, the presiding officer
shall take testimony under oath or affirmation.
(k) In the hearing, the parties shall be
permitted to testify, present evidence, and comment on the issues.
(l) Each party may offer any relevant
evidence, including hearsay evidence. Claimant cannot base their case
exclusively on inadmissible hearsay. Claimant must present a residuum of
evidence that would be admissible under the rules of procedure with the
applicable court of competent jurisdiction.
(m) The presiding officer may exclude
irrelevant, immaterial, and unduly repetitious evidence.
(n) The presiding officer may question any
party or witness.
(o) The presiding
officer shall maintain order, and may recess the hearing to regain order if a
person engages in disrespectful, disorderly, or disruptive conduct. The
presiding officer may remove any person, including a party, from the hearing to
maintain order. If a person shows persistent disregard for order and procedure,
the presiding officer may:
(i) restrict the
person's participation in the hearing; or
(ii) issue an order of default.
(p) When a party claims to have
but fails to introduce certain evidence, the presiding officer may infer that
the evidence does not support the party's position.
(q) The presiding officer may issue an order
of default against any party that fails to appear, participate, or obey an
order entered by the presiding officer.
(r) The office will hold hearings only after
a timely notice has been mailed to each party.
(s) Within a reasonable time after the close
of the hearing, or after the party's failure to request a hearing within the
time prescribed by the agency's rules, the presiding officer shall issue a
signed order in writing that conforms to Subsection
63G-4-203(1)(i).
(t) Hearings shall be open to the parties.
Hearings are not open to the public.
(u) The presiding officer shall base their
order on the facts appearing in the agency's files that were available to the
other party and on the facts presented in evidence at the hearings.
(v) The office shall promptly mail a copy of
the presiding officer's order to each of the parties.
(2) A transcript of the record may be
prepared pursuant to Subsection
63G-4-203(2)(b).
The presiding officer may record any proceedings other than a hearing at their
own discretion.
(3) When the agency
commences an informal adjudicative proceeding and is to be heard by the office,
unless statute or agency rule specify otherwise, the agency shall have the
burden of proving, by a preponderance of the evidence, that its decision was
reasonable. The agency can demonstrate this by showing that the agency's
decision was not arbitrary or capricious.
(4) The parties shall mail copies of any
motions or pleadings filed with the office to each of the other parties named
in the action.
(5) Motions or
pleadings received by the office after regular business hours of Monday through
Friday, 8 a.m. to 5 p.m., excluding state holidays, will be deemed received the
following business day.
(6) Ex
parte communication with the presiding officer is prohibited unless all other
parties to the case have been given notice and opportunity to be present. The
prohibition against ex parte communication does not apply to communication on
the status of the hearing, and uncontested procedural matters. The presiding
officer shall report any improper ex parte discussions at the time of the
hearing and be made apart of the record.
(7) The parties must keep the office informed
of their current address, email address, and telephone number.
Notes
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