Utah Admin. Code R982-111-317 - What Constitutes Grounds to Reopen a Hearing
(1) An ALJ shall grant a request to reopen a
hearing if the requesting party was prevented from appearing at the hearing due
to circumstances beyond the party's control.
(2) An ALJ may grant a request to reopen for
any of the following reasons: mistake, inadvertence, surprise, excusable
neglect, or any other reason justifying relief from the operation of the
decision. The ALJ shall further consider:
(a)
the danger that the party not requesting reopening may be harmed by
reopening;
(b) the length of the
delay caused by the party's failure to participate including the length of time
to request reopening;
(c) the
reason for the request including whether it was within the reasonable control
of the party requesting reopening;
(d) whether the party requesting reopening
acted in good faith; and
(e)
whether based on the evidence of record and the parties' arguments or
statements, taking additional evidence might affect the outcome of the
case.
(3) A request to
reopen is remedial in nature and the ALJ shall liberally construe the
provisions of Subsection (2) in favor of providing parties with an opportunity
to be heard and present their case.
(4) An ALJ has the discretion to schedule a
hearing to determine if a party requesting reopening satisfied the requirements
of this section or may, after giving the other parties an opportunity to
respond to the request, grant or deny the request based on the record in the
case.
Notes
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