Section R708-31-10 - Procedures Governing Informal Adjudicative Proceedings(1) The division shall notify a manufacturer representative in writing of the decision to refuse to certify a system.(2) The division shall begin an action to revoke the certification of a system by the issuance of a notice of agency action and ensure the notice of agency action complies with Section 63G-4-201.(3) The manufacturer does not need to respond to the notice of agency action.(4) The manufacturer may send a written request for a hearing within ten days of the letter refusing to certify a system, or to revoke a system certification to the division, in accordance with Subsection 63G-4-201(3).(5) The division shall grant a hearing when the division receives a request, in writing, within ten calendar days from the date the notice of failure to certify or notice of agency action is issued.(6) The division shall send written notice of a hearing at least 14 calendar days before the date of the hearing.(7) The division may not allow discovery, either compulsory or voluntary, before the hearing except that each party shall have access to information in the division's files to the extent permitted by law, and to investigative information and materials not restricted by law.(8) A hearing officer shall hold a hearing within 30 calendar days from the day that the division receives the written request for hearing, unless agreed to by the parties;(9) The division shall issue a written decision that shall constitute final agency action within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing.(10) The division shall ensure the written decision states the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.Utah Admin. Code R708-31-10
Adopted by Utah State Bulletin Number 2024-06, effective 3/12/2024