Utah Admin. Code R708-14-9 - Hearing Procedures

(1) The division shall hold alcohol and drug adjudicative proceedings, including the hearings listed in Section R708-14-7:

(a) at a time and place designated by the division, or agreed upon by the parties; and

(b) in the county of arrest or a county adjacent to the county in which the offense occurred.

(2) The county in which the hearing is held may be designated by the division if each party and witness have requested to attend telephonically or by live audiovisual means.

(3) Notice of the hearing provided by the division shall be:

(a) given as provided in Subsection 53-3-216(3) unless otherwise agreed upon by the parties;

(b) mailed to the driver at their address on file with the division unless otherwise agreed upon by the parties;

(c) on a form approved by the division; and

(d) signed by the division director.

(4) The notice provided under Subsection (3) need only inform the parties as to the date, time, place, and basic purpose of the proceeding. The parties are considered to know the law.

(5) If the driver fails to respond timely to a division request or notice, a default may be entered in accordance with Subsection 53-3-223(7)(a).

(6) The parties and witnesses may testify under oath, present evidence, and comment on pertinent issues.

(7) The hearing officer may:

(a) exclude irrelevant, repetitious, immaterial, or privileged information or evidence;

(b) consider hearsay evidence and receive documentary evidence, including copies or excerpts;

(c) administer oaths;

(d) issue subpoenas;

(e) conduct prehearing conference by telephone or in person to clarify issues, dispose of procedural questions, and expedite the hearing;

(f) record or take notes of the hearing at their discretion; and

(g) take appropriate measures to keep the integrity of the hearing.

(8) The driver shall have access to information in the division file to the extent permitted by law.

(9) Discovery is prohibited, but the division may issue subpoenas or other orders to compel production of necessary evidence. Subpoenas may be issued by the division at the request of the driver if the costs of the subpoenas are paid by the driver and will not delay the proceeding.

(10) The hearing officer has discretion to take administrative notice of records, procedures, rules, policies, technical scientific facts within the hearing officer's specialized knowledge or experience, or of any other facts that could be judicially noticed.

(11) The hearing officer shall make a recommendation to the presiding officer regarding action to be taken following the hearing.

Notes

Utah Admin. Code R708-14-9

Amended by Utah State Bulletin Number 2018-22, effective 11/1/2018 Amended by Utah State Bulletin Number 2023-23, effective 11/21/2023

5/1/2018