Section R497-100-6 - Availability of Hearing(1) When an agency commences an informal adjudicative proceeding, if statute or agency rule does not provide otherwise, a party may request a hearing within 15 calendar days of receipt of the notice of agency action.(2) The agency shall promptly forward hearing requests to the office, unless statute or rule designates another presiding officer.(3) In the case of a hearing commenced under Subsection (1), a party who fails to request a hearing within 15 calendar days of receipt of the notice of agency action shall have no right to an administrative hearing or judicial review of the agency action, unless the party can demonstrate, by a preponderance of the evidence, that it was virtually impossible or unreasonably burdensome to file the request within 15 calendar days.(4) If the aggrieved party requests a hearing and if there is a disputed issue or fact, the presiding officer may hold an informal hearing in connection with an agency action. If there is no disputed issue of fact, the presiding officer may deny a request for a hearing and issue a decision without a hearing, based on the record. In the decision, the presiding officer shall specifically set out all material, and relevant facts that are not in dispute. If the aggrieved person objects to the denial of a hearing, that person may raise that objection as grounds for relief in a request for reconsideration. (5) There is no issue of fact if: (a) the aggrieved person tenders facts which on their face establish the right of the agency to take the action or obtain the relief sought in the proceeding; or(b) the aggrieved person tenders facts upon the request of the presiding officer and the fact does not conflict with the facts relied upon by the agency in taking its action or seeking its relief.Utah Admin. Code R497-100-6
Amended by Utah State Bulletin Number 2017-5, effective 2/7/2017Amended by Utah State Bulletin Number 2020-18, effective 9/1/2020Amended by Utah State Bulletin Number 2022-14, effective 7/1/2022