Section R623-1-9 - Informal Adjudicative Proceedings(1) The office shall hold a hearing for an informal adjudicative proceeding if: (a) A hearing is required by statute;(b) A hearing is permitted by statute and is requested by a party in writing within 30 calendar days after the day the office provides notice of office action; or(c) The director determines a hearing is necessary to issue a decision and order.(2) Hearing Procedure. (a) The director shall serve as the presiding officer of an informal adjudicative proceeding.(b) Notice of the hearing shall be mailed to all parties by regular mail at least 10 business days prior to the hearing date.(c) Parties named in the notice shall be permitted to testify, present evidence, and comment on the issues.(i) The presiding officer shall accept oral or written testimony from any party.(ii) The presiding officer may question and examine any witness called to present testimony.(iii) The presiding officer may establish rules to conduct an orderly hearing, provided the rules do not unfairly prejudice the rights of any party.(iv) The presiding officer shall weigh the merits of the evidence provided and exclude evidence that is irrelevant, immaterial, unduly, or repetitious.(d) Discovery is prohibited, but the office may issue subpoenas or other orders to compel production of necessary evidence.(e) All parties shall have access to information contained in the office's files and to all materials and information gathered in any investigation, to the extent permitted by law.(f) Intervention is prohibited, except when a federal statute or rule requires that a state permits intervention.(g) All hearings shall be open to all parties.(h) The office may record the hearing, and any party, at the party's own expense, may have a reporter approved by the office to prepare a transcript from the office's record of hearing.(i) The director may schedule a conference to encourage settlement before the hearing.(3) If no hearing is held for an informal adjudicative proceeding, the presiding officer shall issue a decision and order pursuant to 63G-4-203 within a reasonable time.Utah Admin. Code R623-1-9
Amended by Utah State Bulletin Number 2020-01, effective 12/9/2019