Utah Admin. Code R590-160-5 - Rules Applicable to Any Adjudicative Proceeding
The following rules apply to an adjudicative proceeding:
(1)
(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.
(4)
Pleadings.
(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.
(e)
Motion.
(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.
(5)
(a) A pleading is filed with the commissioner
by mail or by submitting a PDF to uidadmincases@utah.gov.
(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.
Notes
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