Section R35-1-2 - Procedures for Appeal Hearings(1) The meeting shall be called to order by the Committee Chair.(2) The Committee Chair shall swear in the parties.(3) The Chair shall set the time limit for the parties to present their cases pursuant to Subsection 63G-2-403(8), but in no event may the Chair limit the parties' presentations to less than 5 minutes.(a) The petitioner's and governmental entity's cases may consist of testimony, argument, relevant evidence, and any relevant witnesses.(b) Witnesses providing testimony shall be sworn in by the Committee Chair.(c) Questioning of the witnesses and parties by Committee members is permitted.(4)(a) If the appeal involves proper classification of a record, the governmental entity must bring the disputed records to the hearing to allow the Committee to view records in camera if it deems an in camera inspection necessary pursuant to Subsection 63G-2-403(9).(b) If the records withheld are voluminous or the governmental entity contends they have not been identified with reasonable specificity, the governmental entity shall notify the Committee via the Executive Secretary at least seven days before the hearing and obtain approval from the Committee Chair to bring a representative sample of the potentially responsive records to the hearing, if it is possible to do so.(c) Records provided by the governmental entity for in camera review by the Committee remain in the custody of the governmental entity. Records for in camera review are retained by the Committee for only the period of in camera review and are returned to the governmental entity or destroyed, provided they are not the record copy, at the conclusion of the in camera review.(5) Third party presentations may be permitted. No later than five days before the hearing, the third party shall notify the Executive Secretary of their intent to present. Third party presentations will be presented before closing arguments.(6) Closing arguments may be presented by the petitioner and the governmental entity. Each party shall be allowed equal time to present a closing argument and make rebuttal statements.(7)(a) After the conclusion of the closing arguments, the Committee shall start deliberations. A Committee Member shall make a motion described in the list under Subsection R35-1-5(1). The Committee shall vote and make public the decision of the Committee during the hearing.(b) In the event of a tie vote, the Committee Chair shall ask if the Committee wishes to continue deliberation. If so, deliberation continues and another motion may be made. If a tie vote occurs a second time, the Chair shall withdraw their vote to break the tie.(8) At any time, the Committee may adjourn, reschedule, continue, or reopen a hearing on the motion of a member.(9) Except as expressly authorized by law, there shall be no communication between the parties and the members of the Committee concerning the subject matter of the appeal before the hearing or before the issuance of an Order. Any other oral or written communication from the parties to the members of the Committee, or from the members of the Committee to the parties, shall be directed to the Executive Secretary for transmittal.(10) The following provisions govern any meeting at which one or more members of the Committee or a party appears telephonically or electronically, pursuant to Section 52-4-207.(a) The anchor location is the physical location from which the electronic meeting originates as indicated on the public notice.(b) Public notices of the meeting shall show if one or more Committee members or parties may be participating electronically or telephonically. In addition, the notice shall specify the anchor location where the members of the Committee not participating electronically or telephonically will be meeting and where interested persons and the public may attend and monitor the open portions of the meeting.(c) When notice is given of the possibility of a member of the Committee appearing electronically or telephonically, any member of the Committee may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Committee. At the commencement of the meeting, or at such time as any member of the Committee initially appears electronically or telephonically, the Committee Chair shall identify for the record each of those who are appearing telephonically or electronically. When conducting a meeting with any Board members participating telephonically or electronically, the Committee Chair will take votes by roll call.(11) If the Committee determines at any time before, or during a hearing, that a necessary third party must either be added as a party to the appeal or otherwise be present or testify, the Committee may vote to continue the hearing to a later date, if necessary, and compel the third party's attendance by way of a subpoena.(12) Nothing in this section precludes the Committee Chair from taking appropriate measures necessary to maintain the order and integrity of the hearing.Amended by Utah State Bulletin Number 2014-19, effective 9/9/2014Amended by Utah State Bulletin Number 2015-16, effective 7/31/2015Amended by Utah State Bulletin Number 2017-14, effective 6/22/2017Amended by Utah State Bulletin Number 2019-22, effective 10/18/2019Amended by Utah State Bulletin Number 2020-16, effective 8/7/2020Amended by Utah State Bulletin Number 2021-18, effective 9/8/2021Amended by Utah State Bulletin Number 2021-19, effective 9/8/2021Amended by Utah State Bulletin Number 2023-20, effective 10/11/2023Amended by Utah State Bulletin Number 2024-12, effective 6/18/2024