Utah Admin. Code R590-160-7 - Rules Applicable to an Informal Adjudicative Proceeding
(1)
(a) The department may commence an informal
adjudicative proceeding by issuing a Notice of Agency Action and Order under
Subsection
R590-160-4(1).
(b) The order in Subsection (1)(a) is based
on information contained in :
(i) an
affidavit;
(ii) a declaration;
or
(iii) the department's
files.
(c) The order in
Subsection (1)(a) constitutes a proposed order that becomes final 15 days after
service on the respondent unless a written request for a hearing is received
before the expiration of 15 days.
(2) A respondent's failure to timely request
a hearing in an informal adjudicative proceeding is a failure to exhaust
administrative remedies.
(3) When a
hearing is requested in an informal adjudicative proceeding, a notice of a
prehearing conference is issued stating the matters to be decided and giving
notice of the prehearing scheduling conference's date, time, and
location.
(4) A hearing in an
informal adjudicative proceeding may be of record.
(5)
(a) At
a hearing in an informal adjudicative proceeding, the commissioner may receive,
regarding the issues to be decided, the following;
(i) testimony;
(ii) proffer of evidence;
(iii) affidavit;
(iv) declaration; or
(v) argument.
(b) The commissioner may issue a subpoena
requiring a witness's attendance or the production of necessary
evidence.
Notes
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