Utah Admin. Code 907-1-13

Current through Bulletin 2024-23, December 1, 2024

Section R907-1-13 - Formal Process and Hearing: Conduct of Hearings

The Presiding Officer will follow these procedures when conducting hearings for a formal adjudication:

(1) Public Hearings. Hearings must be open to the public unless otherwise ordered by the Presiding Officer with a showing of good cause. Hearings must be accessible by the parties.

(2) Full Disclosure. The Presiding Officer will regulate the course of the hearing to fully disclose relevant facts and afford the parties a reasonable opportunity to present their positions.

(3) Rules of Evidence. The Presiding Officer will use the Utah Rules of Evidence as appropriate guides as they apply to the proceeding and are not inconsistent with this rule.

(4) Notwithstanding Subsection R907-1-13(3), on the Presiding Officer's motion or upon objection of a party, the Presiding Officer:

(a) may exclude evidence that is irrelevant, immaterial, or repetitious;

(b) will exclude evidence privileged by law in the courts of Utah;

(c) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains pertinent portions of the original document; and

(d) may take official notice of:

(i) any facts to which a court might grant judicial notice under the Utah Rules of Evidence;

(ii) the record or another proceeding before the Department; and

(iii) technical or scientific facts within the Department's specialized knowledge.

(5) Hearsay. Notwithstanding Subsection R907-1-13(4)(c), the Presiding Officer may not exclude evidence solely because it is hearsay.

(6) Parties Rights. The Presiding Officer must allow the parties to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.

(7) Public Participation. The Presiding Officer may give persons not a party to the adjudicative proceeding the opportunity to present oral or written statements at the hearing.

(8) Oath. If offered as evidence to be considered in deciding on the merits, witnesses must present testimony at the hearing under oath.

(9) Failure to Appear. When a party to a proceeding with due notice fails to appear at a hearing, the Presiding Officer may enter a Default Order that accords with this rule.

(10) Time Limits. The Presiding Officer may set reasonable time limits for the hearing participants.

(11) Continuances of the Hearing. The Presiding Officer may continue any hearing to a time and date certain announced at the hearing, which will not require any new notification. The continuance of the hearing may be made upon motion of a party indicating good cause why such a continuance is necessary and not due to the dereliction of the party requesting the continuance. In addition, the Presiding Officer may continue a hearing when in the public interest.

(12) Oral Argument and Briefs. Upon the conclusion of the taking of evidence, the Presiding Officer may permit the parties to make oral arguments or submit additional briefs or memoranda upon a schedule designated by the Presiding Officer.

(13) Record of Hearing. Subsection R907-1-3(2) governs the recording of the hearing.

(14) Preserving Integrity. This section does not preclude the Presiding Officer from taking appropriate measures necessary to preserve the integrity of the hearing.

(15) Witness Fees, Summons, Discovery, and Construction.

(a) Witness fees. The Presiding Officer may allow appropriate witness fees as statute or rule provides.

(b) Summons. The Presiding Officer may issue a summons or subpoena on the Presiding Officer's motion. Upon request of a party, the Presiding Officer will issue summons or subpoenas for the attendance of witnesses and the production of any pertinent paper, book, record, document, or other appropriate discovery of evidence.

(c) Discovery. Upon the motion of a party and for a good cause shown that it is to obtain relevant information necessary to support a claim or defense, the Presiding Officer may authorize such manner of discovery against another party or person, including the Department's staff, as may be prescribed by and in the form provided by the Utah Rules of Civil Procedure.

(d) Construction. Nothing in this section restricts or precludes any investigative right or power given to the Transportation Commission or Executive Director or a Deputy Director by law.

Utah Admin. Code R907-1-13

Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022