Utah Administrative Code
Topic - Administrative Services
Title R25 - Finance
Rule R25-3 - Personal Use Expenditures Administrative Penalty Appeal Process
Section R25-3-9 - Informal Adjudicative Proceedings - Witnesses
Current through Bulletin 2024-06, March 15, 2024
(1) Availability of employees to testify. A governmental entity shall be responsible for making available any of its employees who are subpoenaed to testify in a review hearing.
(2) Hostile witnesses. When the presiding Appeal Authority hearing officer determines that a witness is uncooperative or even hostile, the witness may be examined by the Party calling that witness as if under cross-examination. The Party calling the witness may, upon showing that the witness was called in good faith but that the testimony is a surprise, proceed to impeach the witness by proof of prior inconsistent statements.
(3) Exclusion/sequestering of witnesses.
(4) Management representative. Prior to a hearing, the Responsible Governmental Entity may designate one person to serve as the agency's management representative. The agency's management representative is entitled to remain throughout the hearing to represent the agency at any proceeding even if called to testify, unless the presiding Appeal Authority hearing officer determines it is reasonable to expel the management representative for any or part of the hearing.