Utah Admin. Code R907-1-10 - Formal Process and Hearing: Initiation

(1) If notwithstanding Subsection R907-1-2(1), the Department wishes to initiate an adjudicative proceeding as a formal proceeding, it will conduct the formal hearing process as follows:

(2) The Department will prepare and deliver to interested parties a Notice of Agency Action that includes the following information:

(a) the names and mailing addresses of the Respondents and any other persons to whom the Department is giving notice;

(b) the Department's file number or another reference number;

(c) a name or caption of the adjudicative proceeding, for example, Utah Department of Transportation, Motor Carrier Safety Division v. XXXX Trucking Company;

(d) the date on which the Department delivered the notice to the Respondents;

(e) the Department's legal authority and jurisdiction allowing it to maintain the adjudicative proceeding;

(f) the name, title, contact information of the office or division initiating the Notice of Agency Action and the Presiding Officer;

(g) a summary of the purpose for the adjudicative proceeding and the questions the Department wants to have decided;

(h) if the Department seeks to assess a fine or penalty, the amount of the proposed fine or penalty and a summary of the evidence and authority supporting the proposed amount;

(i) notice the Department is conducting a formal adjudicative proceeding according to this rule and Sections 63G-4-204 through 63G-4-209;

(j) notice to the Respondent that it must file a written response within 30 days of the mailing date of the Notice of Agency Action;

(k) notice that the Presiding Officer will set a time and place of the hearing after consulting with the parties;

(l) notice of the purpose for the hearing; and

(m) notice that the Department will hold in default a party who fails to attend or participate in the hearing.

(3) Absent the filing of a timely request, the Department will issue an order that the Respondent is in default. If the defaulting party is the sole Respondent, the Notice of Agency Action will become the Department's Final Order. The initiating division or office will revise the Notice of Agency Action to effect this change, captioning the notice as the Final Order, affixing the appropriate signature and the new date. The Department may not change the substance of the Final Order. However, the Final Order will include a notice of the Respondent's right to judicial review. The Department will then deliver a copy of the Default Order and the Final Order to the Respondent.

(4) If the defaulting party is not the sole Respondent, the initiating division or office will mail the Default Order to the parties. The adjudicative proceeding may continue, and the Department may determine the issues in the proceeding, including those affecting the defaulting party.

(5) A defaulting party may seek agency review of a Default Order by sending a written request to the Presiding Officer identified in Subsection R907-1-3(2). If a Presiding Officer issued the Default Order, the defaulting party must seek reconsideration of the Default Order according to Section R907-1-8. The sole issue on reconsideration is whether entering default was appropriate.

Notes

Utah Admin. Code R907-1-10

Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022