Utah Admin. Code R907-1-3 - Appointment of the Presiding Officer and Hearing Record
(1) The Executive Director or a deputy
director will appoint a Presiding Officer to oversee an informal hearing as
follows:
(a) the Director of Operations, if
the action involves Title 72, Chapter 7, Part 5, Utah Outdoor Advertising
Act;
(b) the Deputy Director of
Engineering and Operations or a designee if the action involves Title 72,
Chapter 9, Motor Carrier Safety Act;
(c) the Director of Project Development or a
designee, if the matter relates to:
(i)
construction contract disputes; or
(ii) construction bids or the Disadvantaged
Business Enterprise (DBE) program, in which case, the agency review also
constitutes "administrative reconsideration" under federal
regulation;
(d) the
Region Director, if the action involves something other than the items listed
in Subsection (a), (b), or (c), and this rule or a statute does not specify a
specific appellate procedure;
(2) The Presiding Officer will record a
hearing from beginning to end.
(3)
For relocation assistance matters valued at more than $50,000. The Executive
Director will appoint an Administrative Law Judge (ALJ) to act as a Presiding
Officer over challenges to decisions related to relocation assistance valued
more than $50,000 under Title 57, Chapter 12, Utah Relocation Assistance Act or
the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970,
Sections 42 U.S.C.
4601-4655.
(a) If the Executive Director appoints an
ALJ, the Executive Director will hire a stenographer to record and transcribe
the hearing.
(b) The Executive
Director will procure the services and pay the costs of the ALJ and
stenographer.
(4) For
matters that do not involve relocation assistance. The Executive Director or a
deputy director may appoint an ALJ to preside over a matter if they determine
that doing so serves the interests of the Department, the state, or a party.
(a) If the Executive Director or a deputy
director appoints an ALJ, the Executive Director or a deputy may hire a
stenographer to record and transcribe the hearing.
(b) The Executive Director or a deputy
director may procure the services and pay the costs of the ALJ and a
stenographer.
Notes
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