Section R527-200-13 - Conduct of Hearings and Other Informal Adjudicative Proceedings(1) The hearing or other proceeding shall be conducted by a qualified presiding officer. The presiding officer: (a) shall not have been involved in preparing the information alleged in the notice that is the basis of the adjudicative proceeding; and(b) shall not conduct a hearing or other adjudicative proceeding in a contested case if it is alleged and proved that good cause exists for the removal of the presiding officer assigned to the case.(2) The party or representative requesting the change of the presiding officer shall make the request in writing. The request shall be filed and called to the attention of the presiding officer not less than 24 hours in advance of the hearing.(3) When conducting a hearing, the presiding officer shall determine the liability and responsibility, if any, of the respondent pursuant to Section 62A-11-304.2, based upon the notice of agency action, objections thereto, if any, and the evidence adduced at the hearing. Following determination of liability, the presiding officer shall refer the obligor to the team handling the case for determination of acceptable periodic payment or alternative means of satisfaction of any arrearage obligation.
(4) the presiding officer conducting the hearing may: (a) regulate the course of hearing on issues designated for hearing;(b) receive and determine procedural requests, rule on offers of proof and evidentiary objections, receive relevant evidence, rule on the scope and extent of cross-examination, and hear argument and make determination of questions of law necessary to the conduct of the hearing;(c) request testimony under oath or affirmation administered by the presiding officer; and(d) upon motion, amend the notice of agency action to conform to the evidence.(5) The rules of evidence in hearings are as follows:(a) discovery is prohibited, but the office of the attorney general may issue subpoenas or other orders to compel production of necessary evidence;(b) any person who is a party to the proceedings may call witnesses and present such oral, documentary, and other evidence and comment on the issues and conduct such cross-examination of any witness as may be required for a full and true disclosure of facts relevant to any issue designated for fact hearing and as may affect the disposition of any interest that permits the person participating to be a party;(c) any evidence may be presented by affidavit rather than by oral testimony subject to the right of any party to call and examine or cross-examine the affiant;(d) relevant evidence shall be admitted;(e) official notice may be taken of facts that judicial notice may be taken in the courts of this state;(f) parties shall have access to information contained in ORS's files and to materials and information gathered in the investigation, to the extent permitted by law and pursuant to Rule R527-5;(g) intervention is prohibited; and(h) in child support cases the hearing shall be open to the parties as defined in Section R527-200-2.(5) Rights of the parties in hearings:(a) a respondent appearing before the presiding officer for a hearing may be represented by a licensed attorney, or, after leave of the presiding officer, any other person designated to act as the respondent's representative for the hearing; and(b) ORS's supporting evidence for ORS's claim shall be presented at a hearing before a presiding officer by an agent or representative from ORS. At ORS's discretion, the supporting evidence may be presented by an attorney representing ORS.Utah Admin. Code R527-200-13
Amended by Utah State Bulletin Number 2022-08, effective 4/11/2022