Utah Admin. Code R623-1-9 - Informal Adjudicative Proceedings
(1) The office shall hold a hearing for an
informal adjudicative proceeding if:
(a) A
hearing is required by statute;
(b)
A hearing is permitted by statute and is requested by a party in writing within
30 calendar days after the day the office provides notice of office action;
or
(c) The director determines a
hearing is necessary to issue a decision and order.
(2) Hearing Procedure.
(a) The director shall serve as the presiding
officer of an informal adjudicative proceeding.
(b) Notice of the hearing shall be mailed to
all parties by regular mail at least 10 business days prior to the hearing
date.
(c) Parties named in the
notice shall be permitted to testify, present evidence, and comment on the
issues.
(i) The presiding officer shall accept
oral or written testimony from any party.
(ii) The presiding officer may question and
examine any witness called to present testimony.
(iii) The presiding officer may establish
rules to conduct an orderly hearing, provided the rules do not unfairly
prejudice the rights of any party.
(iv) The presiding officer shall weigh the
merits of the evidence provided and exclude evidence that is irrelevant,
immaterial, unduly, or repetitious.
(d) Discovery is prohibited, but the office
may issue subpoenas or other orders to compel production of necessary
evidence.
(e) All parties shall
have access to information contained in the office's files and to all materials
and information gathered in any investigation, to the extent permitted by
law.
(f) Intervention is
prohibited, except when a federal statute or rule requires that a state permits
intervention.
(g) All hearings
shall be open to all parties.
(h)
The office may record the hearing, and any party, at the party's own expense,
may have a reporter approved by the office to prepare a transcript from the
office's record of hearing.
(i) The
director may schedule a conference to encourage settlement before the
hearing.
(3) If no
hearing is held for an informal adjudicative proceeding, the presiding officer
shall issue a decision and order pursuant to
63G-4-203 within a reasonable
time.
Notes
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