Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-510 - Prehearing Conference - Scheduling the Hearing Date
Universal Citation: UT Admin Code R 151-4-510
Current through Bulletin 2024-06, March 15, 2024
(1) Each notice of agency action or initial decision as to a request for agency action:
(a) shall contain the time, date, and
location of a prehearing conference, that shall be at least 45 calendar days
but not more than 60 calendar days after the date of the notice of agency
action or initial decision as to a request for agency action;
(b) shall contain a clear notice that failure
to respond within 30 calendar days may result in:
(i) cancellation of the prehearing
conference; and
(ii) a default
order; and
(c) may
contain the date, consistent with Section
R151-4-108, of the scheduled
hearing.
(2)
(a) The prehearing conference may be in
person or telephonic.
(b) Each
Party, or their counsel, shall participate in the conference.
(c) The conference shall include discussion
and scheduling of discovery, prehearing motions, and other necessary
matters.
(3) During the prehearing conference, the presiding officer shall issue a verbal order, and shall issue a written order to the same effect within two business days after the conclusion of the conference, that shall address each of the following:
(a) if necessary, scheduling an additional
prehearing conference;
(b) setting
a deadline for the filing of prehearing motions and cross motions, including
motions for summary judgment, allowing for motions to be submitted and ruled on
before the hearing date;
(c)
modifying, if appropriate, a deadline for disclosures;
(d) resolving discovery issues;
(e) establishing a schedule for briefing,
discovery needs, expert witness reports, witness and exhibit lists, objections,
and other necessary or appropriate prehearing matters;
(f) if not already scheduled, scheduling a
hearing date in compliance with Section
R151-4-108; and
(g) dealing with other necessary
matters.
(4) A party joined after the prehearing conference is bound by the order issued as a result of that conference unless the order is modified in writing pursuant to a stipulation or motion.
(5)
(a) The presiding officer shall schedule
prehearing matters consistent with Section
R151-4-108.
(b) The presiding officer may:
(i) adjust time frames as necessary to
accommodate Section R151-4-108; and
(ii) schedule appropriate prehearing matters
to occur concurrently.
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