Utah Admin. Code 497-100-5

Current through Bulletin No. 2024-21, November 1, 2024

Section R497-100-5 - Commencement of Proceedings

(1) Adjudicative proceedings shall commence by either:

(a) a notice of agency action, if proceedings are commenced by the agency; or

(b) a request for agency action, if persons other than the agency commence proceedings.

(2) When adjudicative proceedings are commenced by the agency, the notice of agency action shall conform to Subsection 63G-4-201(2) and shall also include a statement that:

(a) the adjudicative proceeding is to be conducted informally; and

(b) describes the aggrieved person's right to request a hearing and the applicable time limits within which the aggrieved person shall request a hearing.

(3) When adjudicative proceedings are commenced by a person other than the agency, the request for agency action shall conform to Subsections 63G-4-201(3)(a) through 63G-4-201(3)(b) and include the name of the adjudicative proceeding, if known.

(4) In the case of adjudicative proceedings commenced under Subsection (3), the presiding officer shall within 20 calendar days give notice by mail to all parties. The written notice shall:

(a) give the agency's file number or other reference number;

(b) give the name of the proceeding;

(c) designate that the presiding officer shall conduct the hearing informally;

(d) if a hearing is to be held in an informal adjudicative proceeding, state the time and place of any scheduled hearing, the purpose for which the hearing is to be held, and that a party who fails to attend or participate in the hearing may be held in default;

(e) if a hearing is required by statute or rule, or if a hearing is permitted by rule and may be requested by a party within the time prescribed by rule, state the parties' right to request a hearing and the time within which a hearing may be requested under the agency's rules; and

(f) give the name, title, mailing address, and telephone number of the presiding officer.

Utah Admin. Code R497-100-5

Amended by Utah State Bulletin Number 2017-5, effective 2/7/2017

Amended by Utah State Bulletin Number 2020-18, effective 9/1/2020

Amended by Utah State Bulletin Number 2022-14, effective 7/1/2022