Utah Admin. Code R986-100-124 - How Hearings Are Conducted
(1) Hearings are held at the state level and
not at the local level.
(2) Where
not inconsistent with federal law or regulation governing hearing procedure,
the Department will follow Title 63G, Chapter 4, Administrative Procedures
Act.
(3) Hearings for the programs
listed in Section R986-100-102 and for
overpayments and IPVs in Title 35A, Chapter 3, Part 6, Administrative
Determination of Overpayment Act are declared to be informal.
(4) Hearings are conducted by an ALJ or a
Hearing Officer in the Division of Adjudication. A Hearing Officer has the same
rights, duties, powers, and responsibilities as an ALJ under these rules and
the terms are interchangeable.
(5)
Hearings are scheduled as telephone hearings. Every party wishing to
participate in the telephone hearing must call the Division of Adjudication as
instructed in the notice of hearing. If the party fails to call in as required
by the notice of hearing, the appeal will be dismissed.
(6)
(a) If
a party requires an in-person hearing, the party must contact an ALJ and
request that the hearing be scheduled as an in-person hearing. The request
should be made sufficiently in advance of the hearing so the other parties may
be given notice of the change in hearing type and the opportunity to appear in
person also.
(b) Requests will only
be granted if the party can show that an in-person hearing is necessary to
accommodate a special need or if the ALJ deems an in-person hearing is
necessary to ensure an orderly and fair hearing which meets due process
requirements.
(c) If the ALJ grants
a request for an in-person hearing, the other parties will be informed that the
hearing will be conducted in person. A party may elect to participate by
telephone.
(d) In-person hearings
are held in the office of the Division of Adjudication unless the ALJ
determines that another location is more appropriate. A party or witness may
participate from the closest local Employment Center.
(7) The Department is not responsible for any
travel costs incurred by any party or witness in attending an in-person
hearing.
(8) The Division of
Adjudication will permit collect calls from parties and their witnesses
participating in telephone hearings.
Notes
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