Section R708-53-10 - Procedures Governing Informal Adjudicative Proceedings(1) The following procedures will govern informal adjudicative proceedings:(a) the division shall commence an action to suspend, place on probation, or refuse to certify a course offered by a commercial driver training school by the issuance of notice of agency action;(i) the notice of agency action shall comply with Section 63G-4-201; and(ii) the notice of agency action shall not require a response from the recipient;(b) an opportunity for a hearing shall be granted on a suspension, probation or refusal to certify a course when the division receives in writing a proper request for a hearing;(c) the division shall send written notice of a hearing to the licensee or applicant at least 14 days prior to the date of the hearing;(d) no discovery, either compulsory or voluntary, shall be permitted prior to the hearing except that each party shall have access to information in the division's files, and to investigator information and materials not restricted by law;(e) the division shall designate an individual or panel to conduct the hearing;(f) within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing, the individual or panel conducting the hearing shall issue a written decision that shall constitute final agency action; and(g) the written decision shall state the decision, the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.(2) If a course offered by a school is suspended, placed on probation or refused certification: (a) contracts, records, properties, training activities, obligations, or licenses shall not be transferred to another party; and(b) existing classroom and training hours shall not be transferred to another school for completion.(3) If a course offered by a school is suspended or refused certification under Section 63G-4-502, the school shall not be authorized to offer the course unless otherwise determined at a hearing.(4) If a course offered by a school is suspended or refused certification under Section 63G-4-502, and the school license is valid, the school may continue operation other than offering the course provided that an instructor employed by the school with a valid instructor license ensures operation does not compromise public safety.(5) A course offered by a school may be placed on probation upon approval of the division director or designee.Utah Admin. Code R708-53-10
Adopted by Utah State Bulletin Number 2022-01, effective 12/23/2021