Section R497-100-9 - Procedures for Informal ProceedingsIn compliance with Section 63G-4-203, the procedure for the informal adjudicative proceedings are:
(1)(a) Unless specified otherwise in another applicable rule, the respondent to a notice of agency action or request for agency action may, but is not required to, file an answer or responsive pleading to the allegations contained in the notice of agency action or the request for agency action within 15 calendar days following receipt of the notice of agency action or request for agency action.(b) An attorney or non-attorney may represent a party. The office or agency shall not pay for the attorney.(c) The parties shall not exercise discovery, but the office may issue subpoenas or other orders to compel the production of necessary evidence.(d) Attorneys may issue their own subpoenas for necessary evidence. Parties who are not represented by attorneys may request subpoenas from the office. The party to whom the presiding officer has issued a subpoena shall cause the subpoena to be served on the witness.(e) Parties shall request a subpoena as shortly after a hearing date is set as is possible. The office will not issue subpoenas less than 16 calendar days before the hearing.(f) Each party shall have access to information contained in the agency's files and to materials and information gathered in any investigation, to the extent permitted by law.(g) The office may require that parties exchange documents before the hearing to expedite the hearing process.(h) Intervention is prohibited, except that intervention is allowed where a federal statute or rule requires that a state permit intervention.(i) The office shall hold a hearing for any party entitled to request a hearing as a matter of law. (j) In the hearing, the presiding officer shall take testimony under oath or affirmation.(k) In the hearing, the parties shall be permitted to testify, present evidence, and comment on the issues.(l) Each party may offer any relevant evidence, including hearsay evidence. Claimant cannot base their case exclusively on inadmissible hearsay. Claimant must present a residuum of evidence that would be admissible under the rules of procedure with the applicable court of competent jurisdiction.(m) The presiding officer may exclude irrelevant, immaterial, and unduly repetitious evidence.(n) The presiding officer may question any party or witness.(o) The presiding officer shall maintain order, and may recess the hearing to regain order if a person engages in disrespectful, disorderly, or disruptive conduct. The presiding officer may remove any person, including a party, from the hearing to maintain order. If a person shows persistent disregard for order and procedure, the presiding officer may:(i) restrict the person's participation in the hearing; or(ii) issue an order of default.(p) When a party claims to have but fails to introduce certain evidence, the presiding officer may infer that the evidence does not support the party's position.(q) The presiding officer may issue an order of default against any party that fails to appear, participate, or obey an order entered by the presiding officer.(r) The office will hold hearings only after a timely notice has been mailed to each party. (s) Within a reasonable time after the close of the hearing, or after the party's failure to request a hearing within the time prescribed by the agency's rules, the presiding officer shall issue a signed order in writing that conforms to Subsection 63G-4-203(1)(i).(t) Hearings shall be open to the parties. Hearings are not open to the public.(u) The presiding officer shall base their order on the facts appearing in the agency's files that were available to the other party and on the facts presented in evidence at the hearings.(v) The office shall promptly mail a copy of the presiding officer's order to each of the parties.(2) A transcript of the record may be prepared pursuant to Subsection 63G-4-203(2)(b). The presiding officer may record any proceedings other than a hearing at their own discretion.(3) When the agency commences an informal adjudicative proceeding and is to be heard by the office, unless statute or agency rule specify otherwise, the agency shall have the burden of proving, by a preponderance of the evidence, that its decision was reasonable. The agency can demonstrate this by showing that the agency's decision was not arbitrary or capricious.(4) The parties shall mail copies of any motions or pleadings filed with the office to each of the other parties named in the action.(5) Motions or pleadings received by the office after regular business hours of Monday through Friday, 8 a.m. to 5 p.m., excluding state holidays, will be deemed received the following business day.(6) Ex parte communication with the presiding officer is prohibited unless all other parties to the case have been given notice and opportunity to be present. The prohibition against ex parte communication does not apply to communication on the status of the hearing, and uncontested procedural matters. The presiding officer shall report any improper ex parte discussions at the time of the hearing and be made apart of the record.(7) The parties must keep the office informed of their current address, email address, and telephone number.Utah Admin. Code R497-100-9
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