Section R982-111-317 - What Constitutes Grounds to Reopen a Hearing(1) An ALJ shall grant a request to reopen a hearing if the requesting party was prevented from appearing at the hearing due to circumstances beyond the party's control.(2) An ALJ may grant a request to reopen for any of the following reasons: mistake, inadvertence, surprise, excusable neglect, or any other reason justifying relief from the operation of the decision. The ALJ shall further consider:(a) the danger that the party not requesting reopening may be harmed by reopening;(b) the length of the delay caused by the party's failure to participate including the length of time to request reopening;(c) the reason for the request including whether it was within the reasonable control of the party requesting reopening;(d) whether the party requesting reopening acted in good faith; and(e) whether based on the evidence of record and the parties' arguments or statements, taking additional evidence might affect the outcome of the case.(3) A request to reopen is remedial in nature and the ALJ shall liberally construe the provisions of Subsection (2) in favor of providing parties with an opportunity to be heard and present their case.(4) An ALJ has the discretion to schedule a hearing to determine if a party requesting reopening satisfied the requirements of this section or may, after giving the other parties an opportunity to respond to the request, grant or deny the request based on the record in the case.Utah Admin. Code R982-111-317
Adopted by Utah State Bulletin Number 2024-02, effective 1/2/2024