Utah Admin. Code R993-100-105 - 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 the Utah
Administrative Procedures Act.
(3)
Hearings are conducted by an Administrative Law Judge (ALJ) in the Division of
Adjudication.
(4) Hearings are
scheduled as telephone hearings. Every party wishing to participate in the
telephone hearing must call the Division of Adjudication before the hearing and
provide a telephone number where the party can be reached at the time of the
hearing. If the client fails to call in advance, as required by the notice of
hearing, the appeal will be dismissed.
(5) If a client requires an in-person
hearing, the client 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 that all other parties may be given notice of the
change in hearing type and the opportunity to appear in person also. Requests
will only be granted if the client 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 impartial hearing which meets due
process requirements. If the ALJ grants the request, all parties will be
informed that the hearing will be conducted in person. Even if the hearing is
scheduled as an in-person hearing, a party may elect to participate by
telephone. In-person hearings are held in the offices of the Adjudication and
Appeals Division unless the ALJ determines that another location is more
appropriate.
(6) The Department is
not responsible for any travel costs incurred by the client or any of his or
her witnesses in attending an in-person hearing.
(7) The Division of Adjudication will permit
collect calls from parties and their witnesses participating in telephone
hearings.
Notes
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