Section R982-111-308 - Hearing Procedure(1) An appeal hearing is a formal adjudicative proceeding under UAPA.(2) The division shall record the hearing.(3) The ALJ shall: (a) conduct the hearing in a way that affords due process and protects the rights of each party;(b) regulate the course of the hearing to obtain full disclosure of relevant facts and afford each party a reasonable opportunity to present their positions;(c) direct the order of testimony and rule on the admissibility of evidence;(d) take testimony of each witness under oath or affirmation; and(e) give each party the opportunity to: (ii) present relevant evidence that has probative value;(iii) cross-examine witnesses;(iv) examine or be provided with a copy of each exhibit;(v) submit rebuttal evidence;(vi) provide statements orally or in writing; and(vii) respond, argue, and comment on the issues.(4) The ALJ has the discretion to do any of the following:(a) accept any relevant evidence whether oral or written, real or demonstrative, direct or circumstantial;(b) exclude evidence that is irrelevant, immaterial, or unduly repetitious;(c) take additional evidence as the ALJ finds necessary; and(d) consider official department records at any time in the appeals process including after the hearing.(5) Anyone testifying falsely under oath may be subject to prosecution for perjury in accordance with Sections 76-8-502 and 76-8-503.(6) If a party attempts to introduce evidence into a hearing and the ALJ excludes the evidence, the party may proffer the excluded testimony or evidence to allow a reviewing judicial authority to review the correctness of the ruling of exclusion on appeal.(7)(a) Parties are encouraged to file documentary evidence at least three days in advance of the hearing.(b) If a party submits documentation during the hearing, the ALJ may admit the documents after provisions are made to ensure due process is satisfied.(c) To ensure due process is satisfied, the ALJ may: (i) reschedule the hearing to another time;(ii) allow the parties time to review the documents during the hearing; or(iii) read the material into the record.(8) A party is responsible for presenting any relevant evidence in its possession. When a party is in possession of evidence but fails to introduce the evidence, the ALJ may presume the evidence does not support the party's position.(9) The ALJ shall base the decision solely on the testimony and evidence presented at the hearing.(10) The evidentiary standard is a preponderance of the evidence.Utah Admin. Code R982-111-308
Adopted by Utah State Bulletin Number 2024-02, effective 1/2/2024