Utah Admin. Code R708-31-10 - Procedures Governing Informal Adjudicative Proceedings
(1) The division shall notify a manufacturer
representative in writing of the decision to refuse to certify a
system.
(2) The division shall
begin an action to revoke the certification of a system by the issuance of a
notice of agency action and ensure the notice of agency action complies with
Section 63G-4-201.
(3) The manufacturer does not need to respond
to the notice of agency action.
(4)
The manufacturer may send a written request for a hearing within ten days of
the letter refusing to certify a system, or to revoke a system certification to
the division, in accordance with Subsection
63G-4-201(3).
(5) The division shall grant a hearing when
the division receives a request, in writing, within ten calendar days from the
date the notice of failure to certify or notice of agency action is
issued.
(6) The division shall send
written notice of a hearing at least 14 calendar days before the date of the
hearing.
(7) The division may not
allow discovery, either compulsory or voluntary, before the hearing except that
each party shall have access to information in the division's files to the
extent permitted by law, and to investigative information and materials not
restricted by law.
(8) A hearing
officer shall hold a hearing within 30 calendar days from the day that the
division receives the written request for hearing, unless agreed to by the
parties;
(9) The division shall
issue a written decision that shall constitute final agency action within 20
days after the date of the close of the hearing, or after the failure of a
party to appear for the hearing.
(10) The division shall ensure the written
decision states the reason for the decision, notice of right to request
reconsideration under Section
63G-4-302, notice of right of
judicial review under Section
63G-4-402, and the time limits
for filing an appeal to the appropriate district court.
Notes
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