Utah Admin. Code R907-1-14 - Formal Process and Hearing: Decisions and Orders

(1) Decision. The Presiding Officer will sign and issue an order that includes:

(a) a statement of the Presiding Officer's findings of fact, conclusions of law and decision, based exclusively on the evidence of the record in the adjudicative proceedings or facts officially noticed;

(b) a statement of the reasons for the Presiding Officer's decision;

(c) a statement of any relief ordered;

(d) a notice of the right to apply for reconsideration;

(e) a notice of any right to administrative or judicial review of the order available to aggrieved parties; and

(f) the time limits applicable to any reconsideration or review.

(2) Preparation of Order. The Presiding Officer may direct the prevailing party to prepare proposed findings of fact, conclusions of law, and an order consistent with the requirements of this rule, which will be completed within ten days of the direction unless otherwise instructed by the Presiding Officer. The prevailing party will serve copies of the proposed findings of fact, conclusions of law, and order upon the parties of record before being presented to the Presiding Officer for signature. A party objecting to any part of an order will serve a Notice of Objection to the Presiding Officer and parties of record within ten calendar days of the date of the order.

(3) Entry of Order. The Presiding Officer will sign the order and cause the same to be entered and indexed in books kept for that purpose. The order will be effective on the date it is issued unless otherwise provided in the order. Upon the Petition of a person subject to the order and for a good cause shown, the Presiding Officer may extend the time for compliance fixed in its order.

(4) Evaluation of Evidence. The Presiding Officer may use expertise, technical competence, and specialized knowledge to evaluate the evidence.

(5) Hearsay. No contested finding of fact may be based solely on hearsay evidence.

(6) Interim Orders. This section does not preclude the Presiding Officer from issuing interim orders to:

(a) notify the parties of further hearings;

(b) notify the parties of provisional rulings on a portion of the issues presented; or

(c) otherwise provide for the fair and efficient conduct of the adjudicative proceeding.

(7) Notice. The Presiding Officer will notify the parties of the decision by delivering copies of the order with accompanying findings of fact and conclusions of law to each party.

Notes

Utah Admin. Code R907-1-14

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