Utah Admin. Code R590-160-5 - Rules Applicable to Any Adjudicative Proceeding
The following rules apply to an adjudicative proceeding:
(a) The time within which an act is completed is computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, or a legal holiday.
(b) If the last day is a Saturday, Sunday, or a legal holiday, the last day is excluded and the period runs until the end of the next day that is not a Saturday, Sunday, or a legal holiday.
(2) A party to a proceeding is named in the caption as petitioner, complainant, respondent, or intervenor.
(3) Representing a party and entering an appearance.
(a) Representing a party.
(i) An attorney who is an active member, in good standing, of the Utah State Bar or an attorney with an active license from another jurisdiction may represent a party.
(ii) An individual who is a party to an adjudicative proceeding may self -represent.
(iii) An officer authorized by corporate resolution may represent a corporation that is registered with the Department of Commerce, Division of Corporations and Commercial Code.
(iv) A general partner may represent a partnership.
(v) An authorized member or manager may represent a limited liability company that is registered with the Department of Commerce, Division of Corporations and Commercial Code.
(vi) The legal, registered owner of a business conducted under an assumed name is considered the legal party in interest and only the legal party in interest or an attorney may represent the business.
(b) Entering an appearance.
(i) A party's attorney or representative enters an appearance by:
(A) filing a notice of agency action;
(B) filing a request for agency action;
(C) filing a written response to a notice of agency action;
(D) filing a notice of appearance; or
(E) orally stating an appearance at a hearing.
(ii) The appearance shall include the attorney's or representative's name, address, email, telephone number, and the party's position or interest in the proceeding.
(a) A pleading shall be in substantially the following form:
(i) centered heading, BEFORE THE UTAH INSURANCE COMMISSIONER;
(ii) left side, identification of parties;
(iii) right side, title of pleading;
(iv) right side, name of presiding officer; and
(v) right side, docket number.
(b) A pleading shall clearly and concisely present a party's position or request, and the grounds in support.
(c) A pleading may be amended pursuant to Utah Rules of Civil Procedure, Rule 15.
(d) Signing a pleading.
(i) A pleading shall be signed and dated by the party, the party's attorney, or other authorized representative, and shall include the signer's address, telephone number, and email.
(ii) The signature in Subsection (4)(d)(i) certifies that:
(A) the signer has read the pleading; and
(B) to the best of the signer's knowledge and belief, there are grounds to support the pleading.
(i) A motion, other than a motion made orally at a hearing, shall be in writing and shall state the basis for relief.
(A) An affidavit, declaration, or other document may be submitted in support of a motion.
(B) The commissioner may decide a motion with or without a hearing.
(C) If either party desires a hearing on a motion, the party's pleading shall state the grounds for a hearing.
(ii) A motion shall be filed and served at least ten days before the date set for the hearing.
(a) A pleading is filed with the commissioner by mail or by submitting a PDF to firstname.lastname@example.org.
(b) A pleading is filed on the date received.
(6) Service of a pleading.
(a) A copy of a pleading filed with the commissioner shall be served on each party to the proceeding.
(b) The department may be served with a summons, complaint, petition, or other pleading that commences a proceeding by sending a copy of the document by certified mail to the commissioner.
(c) The department may be served with any other pleading by ordinary mail or by sending a PDF to the email address of the attorney representing the department in the proceeding.
(d) A licensee or a certificate holder may be served by:
(i) regular mail;
(ii) sending a PDF to the current email address provided to the department by the licensee under Rule R590-258; or
(iii) sending a PDF to the current email address set forth in the pleading last filed by or on behalf of the licensee.
(e) A pleading shall include a certificate of service that:
(i) identifies the person that was served with the pleading;
(ii) contains the service email address or mailing address; and
(iii) certifies the date and method of service.
(f) When an attorney or other authorized representative represents a party, service upon the attorney or representative constitutes service upon the party.
(7) Disqualification of a presiding officer designated by the commissioner.
(a) A party may move to disqualify a presiding officer by filing a motion with the commissioner alleging the basis for disqualification.
(b) The commissioner may request additional briefing, evidence, or testimony as necessary to decide the motion.
(i) An adjudicative proceeding is stayed until the commissioner decides the motion.
(ii) A party may not appeal the commissioner's decision regarding the motion to disqualify until a final order is entered on the motion.
(c) A presiding officer may voluntarily withdraw from deciding an adjudicative proceeding at any time.
(d) If a presiding officer is disqualified, the commissioner shall appoint another presiding officer.
(8) Ex parte contact may not occur between the commissioner and a party, the party's attorney, or the party's representative.
(9) An issue of fact in an adjudicative proceeding is decided by a preponderance of the evidence.
(10) Burden of proof.
(a) A party that commences an adjudicative proceeding has the burden to prove entitlement to the relief sought.
(b) A party that asserts an affirmative defense to a request for relief has the burden to prove entitlement to the affirmative defense.
(11) Dismissing an adjudicative proceeding.
(a) A complainant or a petitioner may dismiss an adjudicative proceeding by filing:
(i) a notice of dismissal before the respondent serves a response to the initial pleading; or
(ii) a stipulation of dismissal signed by each party that has appeared.
(b) Except as provided in Subsection (11)(a), the commissioner, by order, may dismiss an adjudicative proceeding at a party's request only on terms the commissioner considers proper.
(c) If a complainant or a petitioner fails to prosecute the adjudicative proceeding, the commissioner may dismiss the proceeding after applying the standard for dismissal for failure to prosecute under Utah Rules of Civil Procedure, Rule 41.
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