Utah Administrative Code
Topic - Commerce
Title R156 - Professional Licensing
Rule R156-46b - Division Utah Administrative Procedures Act Rule
Section R156-46b-403 - Evidentiary Hearings in Informal Adjudicative Proceedings

Universal Citation: UT Admin Code R 156-46b-403

Current through Bulletin 2024-24, December 15, 2024

(1) In accordance with Section 63G-4-203, evidentiary hearings are not required for Division informal adjudicative proceedings unless:

(a) required by statute or rule; or

(b) permitted by rule and requested by a party within the time prescribed by rule.

(2) Unless otherwise provided, a request for an evidentiary hearing permitted by rule shall be submitted in writing:

(a) within 20 days of the issuance of the notice of agency action if the proceeding was commenced by the Division; or

(b) with the request for agency action if the proceeding was not commenced by the Division.

(3) An evidentiary hearing is required for an informal adjudicative proceeding under R156-46b-202(1)(g), citation hearings.

(4) An evidentiary hearing is permitted for an informal adjudicative proceeding under Subsection R156-46b-202(1)(f), matters relating to the Utah Professionals Health Program.

(5)

(a) Unless otherwise agreed by the parties, an evidentiary hearing may not be held in an informal adjudicative proceeding unless timely notice of the hearing has been served upon the parties as required by Subsection 63G-4-203(1)(d).

(b) Timely notice means service of a notice of hearing upon the parties at least ten days prior to the scheduled evidentiary hearing.

(6) Parties shall be permitted to testify, present evidence, and comment on the issues at an evidentiary hearing in a Division informal adjudicative proceeding.

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