Utah Admin. Code R982-111-307 - Discovery
(1) A party may
request that the ALJ compel the production of information through a verbal or
written order or issuance of a subpoena to secure the attendance of witnesses
or the production of evidence.
(2)
In considering a request in Subsection (1), the ALJ shall balance the need for
the information with the burden the request places upon the source of the
information.
(3) Formal discovery
includes requests for admissions, interrogatories, and other methods of
discovery as provided by the Utah Rules of Civil Procedure. The ALJ may allow
formal discovery if each of the following elements is present:
(a) informal discovery is inadequate to
obtain the information required;
(b) there is no other available alternative
that would be less costly;
(c)
formal discovery is not unduly burdensome;
(d) formal discovery is necessary for the
parties to properly prepare for the hearing; and
(e) formal discovery does not cause
unreasonable delays.
(4)
The division may require the party requesting information or documents to pay
in advance the costs of obtaining or reproducing such information or
documents.
Notes
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