Utah Admin. Code 982-111-316

Current through Bulletin 2024-24, December 15, 2024
Section R982-111-316 - Failure to Participate in the Hearing and Reopening the Hearing After the Hearing Has Been Concluded
(1) If a party fails to appear for or participate in the hearing, either personally or through a representative, the ALJ may:
(a) take evidence from participating parties and issue a decision based on the best available evidence; or
(b) enter an order of default against a party in accordance with Section 63G-4-209.
(2)
(a) The ALJ shall include a statement of the grounds for default in an order of default under Subsection (1)(b).
(b) The division shall deliver an order of default to each party.
(3) Any defaulted party or party failing to appear may request to reopen the hearing by delivering a written request to the division.
(4) A party's request for reopening under Subsection (3) shall conform with the requirements of Subsection R982-111-300(2). In addition:
(a) the party shall explain the reason for the request; and
(b) the division must receive the party's request no later than 30 days from the date on the decision or order of default issued under Subsection (1).
(5) The division shall treat a party's request for reopening received by the division more than 30 days after the date on the decision or order of default issued under Subsection (1) as an untimely appeal under Section R982-111-302.

Utah Admin. Code R982-111-316

Adopted by Utah State Bulletin Number 2024-02, effective 1/2/2024