Utah Admin. Code 982-111-307

Current through Bulletin 2024-24, December 15, 2024
Section R982-111-307 - Discovery
(1) A party may request that the ALJ compel the production of information through a verbal or written order or issuance of a subpoena to secure the attendance of witnesses or the production of evidence.
(2) In considering a request in Subsection (1), the ALJ shall balance the need for the information with the burden the request places upon the source of the information.
(3) Formal discovery includes requests for admissions, interrogatories, and other methods of discovery as provided by the Utah Rules of Civil Procedure. The ALJ may allow formal discovery if each of the following elements is present:
(a) informal discovery is inadequate to obtain the information required;
(b) there is no other available alternative that would be less costly;
(c) formal discovery is not unduly burdensome;
(d) formal discovery is necessary for the parties to properly prepare for the hearing; and
(e) formal discovery does not cause unreasonable delays.
(4) The division may require the party requesting information or documents to pay in advance the costs of obtaining or reproducing such information or documents.

Utah Admin. Code R982-111-307

Adopted by Utah State Bulletin Number 2024-02, effective 1/2/2024