Utah Admin. Code R986-100-130 - Default Order for Failure to Participate
(1) Except in cases of SNAP IPVs as stated in
R986-100-136, if a person
assessed an overpayment or other sanction fails to participate in the
administrative process, the Department shall issue a default order confirming
the overpayment and any other sanctions and shall move to collect any
overpayment by all legal means. Participation means:
(a) signing and returning to the Department
an approved stipulation for repayment and making all of the payments as
agreed,
(b) requesting and
participating in a hearing, or
(c)
paying the overpayment in full.
(2) If a hearing has been scheduled at the
request of an interested person and the interested person fails to appear at or
participate in the hearing, either personally or through a representative, the
ALJ will, unless a continuance or rescheduling has been requested, issue a
default order dismissing the request for a fair hearing. A default order has
the effect of upholding the initial Department decision.
(3) A default order will be based on the
record and best evidence available at the time of the order.
Notes
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