Utah Admin. Code R590-160-6 - Rules Applicable to a Formal Adjudicative Proceeding
(1) A hearing in a formal adjudicative
proceeding shall comply with Section
63G-4-206.
(2) The commissioner may direct the parties
to participate in a prehearing conference.
(3) The commissioner may grant a motion to
continue a proceeding for good cause.
(4) Unless ordered closed by the commissioner
for good cause, a hearing in a formal adjudicative proceeding is open to the
public.
(5) Telephonic testimony.
(a) The commissioner may, when the witness's
identity can be established with reasonable certainty, take testimony
telephonically.
(b) If telephonic
testimony is taken, a party may hear the testimony and examine or cross-examine
the witness.
(c) Telephonic
testimony is given under oath.
(6) Record of a hearing.
(a) Recording.
(i) A record of a hearing is made by audio
recording.
(ii) The commissioner
shall provide a copy of the recording at the request and expense of a party
other than the department.
(b) Transcript of a hearing.
(i) On reasonable notice to and approval from
the commissioner, a party may employ a certified court reporter to record and
transcribe a hearing.
(ii) The
party seeking approval to use a court reporter shall pay for the reporter and
file the original transcript with the commissioner at no cost to the
department.
(iii) A party
requesting a copy of the transcript may purchase the transcript copy from the
reporter.
(7)
Subpoenas.
(a) A subpoena is issued and served
under the Utah Rules of Civil Procedure, Rule 45.
(b) A party requesting a subpoena shall pay a
witness the same fee and mileage the law allows for a district court.
(8) Discovery may be conducted by:
(a) the parties' agreement; or
(b) the commissioner's order.
Notes
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