Section R151-35-3 - Adjudicative Proceedings(1) An adjudicative proceeding before the executive director is designated as an informal adjudicative proceeding.(2) In addition to Title 63G, Chapter 4, Utah Administrative Procedures Act, an adjudicative proceeding under the Powersport Vehicle Franchise Act shall be conducted in accordance with this rule and with the Department of Commerce Administrative Procedures Act Rule, R151-4.(3) Any correspondence or other submission shall be directed to the executive director of the Department of Commerce or designee.(4)(a) A notice of agency action by the agency shall comply with the requirements of the Utah Administrative Procedures Act, Subsection 63G-4-201(2).(b)(i) A request to commence an adjudicative proceeding pursuant to Subsection 13-35-107(1), shall be a pleading headed "BEFORE THE DEPARTMENT OF COMMERCE" and captioned "Request for Agency Action."(ii) The pleading shall substantially comply with the Utah Administrative Procedures Act, Subsection 63G-4-201(3), and Sections R151-4-201 through R151-4-204.(5) If the presiding officer determines that an answer to a notice of agency action or request for agency action would be helpful to the proceeding, the presiding officer may order a party to file an answer.(6)(a) An evidentiary hearing shall be held for a matter brought under:(i) Section 13-35-202 Sale or transfer of ownership;(ii) Section 13-35-203 Succession to franchise;(iii) Section 13-35-301 Termination or noncontinuance of franchise; or(iv) Section 13-35-302 Issuance of additional franchises - relocation of existing franchisees.(b)(i) Pursuant to Subsection 63G-4-203(1), discovery is prohibited, but the presiding officer may issue subpoenas requiring the appearance of witnesses at an evidentiary hearing or the production of documents.(ii) Any subpoena issued shall conform with the requirements in Section R151-4-513; and(iii) The party requesting a subpoena shall comply with the requirements in Section R151-4-712.(c) The parties to the action may submit memoranda, exhibits, expert opinions, and affidavits to support their positions in accordance with any scheduling order entered by the presiding officer.(7)(a) An adjudication requested under any section not listed in this Subsection R151-35-3(6)(a) shall be conducted without an evidentiary hearing.(b) The parties to the action may submit memoranda, exhibits, written expert opinions, and affidavits in support of their positions in accordance with any scheduling order entered by the presiding officer.Utah Admin. Code R151-35-3
Amended by Utah State Bulletin Number 2024-20, effective 10/1/2024