Utah Admin. Code R698-4-6 - Requirements for the Conduct of a Formal Hearing
(1) In the event that formal action is taken
against a private law enforcement agency, the private law enforcement agency or
the private institution of higher education may request a formal hearing as
described in Section
53-19-302.
(2) Pre-hearing discovery shall be limited to
the contents of the commissioner's entire investigative file in both digital
and hard-copy format, including each document, case file, note, document from
other agencies and divisions such as POST and SBI, and internal communication
arising out of or related to the investigation that is not privileged, and
shall be provided to the private law enforcement agency within 30 days of the
receipt of a written request for a formal hearing.
(3) No depositions, interrogatories, or
requests for admissions shall be permitted.
(4) The parties may issue subpoenas for
records and witnesses following issuance of a notice of agency
action.
(5) Objection to a subpoena
shall be made pursuant to Rule 45 of the Utah Rules of Civil
Procedure.
(6) A formal hearing
under this section shall be conducted in accordance with Section
63G-4-206. In addition:
(a) the hearing and any related proceedings
shall be conducted at the Peace Officer Standards and Training facility, unless
the facility is unavailable;
(b)
proceedings may be conducted virtually upon agreement of each party, or if the
ALJ determines that a virtual proceeding is necessary due to health or safety
concerns with an in person proceeding;
(c) the ALJ may close the hearing or other
proceeding if the ALJ finds that it is necessary to ensure a fair and impartial
hearing or proceeding;
(d) the ALJ
may exclude any individual who the ALJ determines is disrupting or impeding the
hearing or related proceeding;
(e)
the Utah Rules of Civil Procedure shall apply, except as set forth in these
rules; and
(f) the ALJ may
entertain a motion for summary judgement by either party.
Notes
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