Utah Admin. Code R907-1-9 - Administrative Procedures for Motor Carrier Actions

(1) When a motor carrier appeals the imposition of a penalty under Title 72, Chapter 9, Motor Carrier Safety Act, they will follow the procedures established in Rule R907-1. This proceeding is an informal adjudicative proceeding under Section 63G-4-203 of UAPA; therefore, discovery is prohibited, but the administrative hearing Officer may issue subpoenas or other orders to a party to compel the production of necessary evidence. The Department will provide the applicant, upon request, 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.

(2) If the Presiding Officer converts the proceeding to a formal adjudicative proceeding and an evidentiary hearing held, the Department's Executive Director or designee may act as the administrative hearing Officer. At the hearing, the motor carrier will go first and bear the burden of showing why the Department should not assess civil penalties. The division will respond, and the motor carrier will have an opportunity to rebut the division's evidence. If the Presiding Officer decides doing so will benefit the Presiding Officer's understanding of the issues, the Presiding Officer may allow closing statements or arguments and record the proceedings. The rules of evidence do not apply.

(3) The person deciding the review will issue a final agency order as promptly as possible. The order will contain:

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

(b) a statement of the issues reviewed;

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

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

(e) the reasons for the disposition;

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

(g) notice of the right to judicial review according to Section 63G-4-402 by filing a Petition with a district court within 30 days.

Notes

Utah Admin. Code R907-1-9

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