Utah Admin. Code R622-1-7 - Nature of Proceeding

A. Any proceeding conducted by the agency shall be conducted as an informal adjudicative proceeding, as provided for in Section 63-46b-4-5. The agency head shall designate the presiding officer of the adjudicative proceeding and shall disclose that designation in the notice of adjudicative proceeding.

B. Notice

Not less than 20 days prior to any proposed agency action, the agency shall file and serve notice of the adjudicative proceeding upon the affected party, which notice shall be in writing, shall designate the presiding officer, shall be signed by the agency head and otherwise shall be prepared in accordance with the requirements of Section 63G-4-201.

C. Procedure

1. No hearing shall be held unless the affected party requests a hearing in writing not more than ten days after the service of the notice of adjudicative proceeding.

2. If a hearing is requested by the affected party, affected party shall be permitted to testify, present evidence and comment on the proposed agency action. Prior to the hearing, the affected party shall have access to information contained in the agency's files relevant to the adjudicative proceeding but discovery is prohibited and the agency may not issue subpoenas or other discovery orders.

3. All informal adjudicative proceedings shall be open to all parties.

Notes

Utah Admin. Code R622-1-7