Utah Admin. Code R907-1-7 - Procedures for Informal Adjudicative Proceedings

(1) Parties must have notice and an opportunity to be heard. The purpose of a proceeding is to determine if the facts and applicable law support the Department's Notice of Agency Action or denial of an application or Request for Agency Action. A written argument is allowed but not required. The Presiding Officer may determine whether to hear the matter in person or electronically based on the parties' written submissions or conditions that make holding the hearing electronically safer or more convenient for the parties. The Presiding Officer will convene a requested hearing unless the Presiding Officer finds no material issue of fact in dispute or that the issue in dispute is frivolous or already authoritatively decided.

(2) The Presiding Officer may set reasonable time, manner, and scope limitations on any witness testimony, presentations by the parties, written argument, and the length of any hearing.

(3) Section 63G-4-203 of UAPA governs an informal adjudicative proceeding, so discovery is prohibited. However, the Presiding Officer may issue subpoenas or other orders to a party to compel the production of necessary evidence. Accordingly, upon request, the Department will provide the applicant information in the Department's files, including records that are part of any investigation, unless those records are otherwise made confidential or protected from disclosure by state or federal law.

(4) Each party may make, at minimum, an opening statement, presentation, and rebuttal. A party may decide whether to have a rebuttal argument heard during the hearing or delivered to the Presiding Officer in writing ten days after the hearing.

(5) Within a reasonable time after the close of an informal adjudicative proceeding, the Presiding Officer will issue a final agency order that complies with Subsections 63G-4-203(1)(i), (j), and (k). The order will contain:

(i) a designation of the statute or rule permitting or requiring review;

(ii) a statement of the issues reviewed;

(iii) findings of fact as to each of the issues;

(iv) conclusions of law as to each of the issues;

(v) the reasons for the disposition;

(vi) whether the decision of the division or office initiating the decision is affirmed, reversed, modified, or remanded; and

(vii) notice of the right to judicial review under Section 63G-4-402 by filing a Petition in a district court within 30 days after the date the Presiding Officer issues the order constituting the final agency action.

Notes

Utah Admin. Code R907-1-7

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