Utah Admin. Code R907-1-4 - Commencement by Department - Notice of Agency Action - Procedures

(1) The Department will begin an adjudicative proceeding by issuing a Notice of Agency Action. The Department will deliver a Notice of Agency Action to the person or persons against whom it is taking action. In addition, the Department will publish the Notice of Agency Action if required by a statute or rule.

(2) A Notice of Agency Action will include the following information:

(a) the names and mailing or email addresses of the Respondents and other persons to whom the Department serves the 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 of Agency Action to the Respondents;

(e) a statement that, if the person requests an appeal of the agency action, the Department will conduct the adjudicative proceeding informally according to this rule unless either the Department or the Respondent requests the proceedings converted to a formal proceeding and the Presiding Officer grants the request;

(f) a statement of the legal authority and jurisdiction under which the adjudicative proceeding is to be maintained;

(g) the name, title, mailing and email address, and telephone number of the office initiating the Notice of Agency Action and the Presiding Officer;

(h) the purpose for the adjudicative proceeding and, to the extent known, the questions the Presiding Officer will review;

(i) the amount of the fine or penalty the Department proposes to assess, and a summary of the evidence supporting the proposed amount; and

(j) a statement that the Respondent is entitled to agency review if they file a Request for Agency Review with the Department within 30 days from the date the Department delivers the Notice of Agency Action.

(3) A Respondent should file a written response to the Notice of Agency Action.

(a) Should a Respondent fail to file a written response to the Notice of Agency Action, the Department will order stating the Respondent is in default.

(b) If a defaulting Respondent is the only Respondent, the Notice of Agency Action will become the Department's Final Order. Accordingly, the initiating division, or Presiding Officer will revise the Notice of Agency Action to effect this change, captioning the notice as the Final Order and affixing the proper signature and the new date.

(4) The Department may not make substantive changes to the Final Order. However, the Final Order must include a provision that notifies the Respondent of the right to judicial review. The Department must then deliver a copy of the Default Order and the Final Order to the Respondent in default.

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

(6) A defaulting party may seek agency review of a Default Order by sending a written request for review to the Presiding Officer. If the Presiding Officer issued the Default Order, the defaulting party must seek reconsideration of the Default Order according to Section R907-1-8.

(7) The only issue the Presiding Officer may consider in a Request for Reconsideration is whether entering default was appropriate.

Notes

Utah Admin. Code R907-1-4

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