Section R698-4-6 - Requirements for the Conduct of a Formal Hearing(1) In the event that formal action is taken against a private law enforcement agency, the private law enforcement agency or the private institution of higher education may request a formal hearing as described in Section 53-19-302. (2) Pre-hearing discovery shall be limited to the contents of the commissioner's entire investigative file in both digital and hard-copy format, including each document, case file, note, document from other agencies and divisions such as POST and SBI, and internal communication arising out of or related to the investigation that is not privileged, and shall be provided to the private law enforcement agency within 30 days of the receipt of a written request for a formal hearing.(3) No depositions, interrogatories, or requests for admissions shall be permitted.(4) The parties may issue subpoenas for records and witnesses following issuance of a notice of agency action.(5) Objection to a subpoena shall be made pursuant to Rule 45 of the Utah Rules of Civil Procedure.(6) A formal hearing under this section shall be conducted in accordance with Section 63G-4-206. In addition: (a) the hearing and any related proceedings shall be conducted at the Peace Officer Standards and Training facility, unless the facility is unavailable;(b) proceedings may be conducted virtually upon agreement of each party, or if the ALJ determines that a virtual proceeding is necessary due to health or safety concerns with an in person proceeding;(c) the ALJ may close the hearing or other proceeding if the ALJ finds that it is necessary to ensure a fair and impartial hearing or proceeding;(d) the ALJ may exclude any individual who the ALJ determines is disrupting or impeding the hearing or related proceeding;(e) the Utah Rules of Civil Procedure shall apply, except as set forth in these rules; and(f) the ALJ may entertain a motion for summary judgement by either party.Utah Admin. Code R698-4-6
Adopted by Utah State Bulletin Number 2022-01, effective 12/27/2021