Utah Administrative Code
Topic - Commerce
Title R162 - Real Estate
Rule R162-2f - Real Estate Licensing and Practices Rule
Section R162-2f-407 - Administrative Proceedings
Universal Citation: UT Admin Code R 162-2f-407
Current through Bulletin 2024-06, March 15, 2024
(1) An adjudicative proceeding conducted after the issuance of a cease and desist order shall be conducted as a formal adjudicative proceeding.
(2) Other adjudicative proceedings.
(a) Each adjudicative proceeding for any
matter not specifically designated as requiring a formal adjudicative
proceeding shall be designated as either formal or informal in the division's
notice of agency action or notice of proceeding, as applicable.
(b) A hearing shall be held in an informal
adjudicative proceeding only if required or permitted by the Utah Real Estate
Licensing and Practices Act or by these rules.
(3) A hearing before the commission shall be held in a proceeding:
(a) commenced by the
division for disciplinary action pursuant to Section
61-2f-401
and Subsection
63G-4-201(2);
(b) to adjudicate an appeal from an automatic
revocation under Subsection
61-2f-204(1)(e),
if the appellant requests a hearing;
(c) appealing a division order denying or
restricting a license; and
(d) when
an application presents unusual circumstances, such that the division
determines that the application should be heard by the commission.
(4) Procedures for hearings in informal adjudicative proceedings.
(a) The
division director shall be the presiding officer for any informal adjudicative
proceeding unless the matter has been delegated to a member of the commission
or an administrative law judge.
(b)
Each informal adjudicative proceeding shall adhere to procedures as outlined
in:
(i) Title 63G, Chapter 4, Utah
Administrative Procedures Act Title;
(ii) Title R151, Rule 4, Utah Administrative
Code; and
(iii) the rules
promulgated by the division.
(c) Except as provided in Subsection (5)(b),
a party is not required to file a written answer to a notice of agency action
from the division in an informal adjudicative proceeding.
(d) In any proceeding under this section ,
the commission and the division may at their discretion delegate a hearing to
an administrative law judge or request that an administrative law judge assist
the commission and the division in conducting the hearing. Each delegation of a
hearing to an administrative law judge shall be in writing.
(e) Upon the scheduling of a hearing by the
division and at least 30 days before the hearing, the division shall, by first
class postage-prepaid delivery, mail written notice of the date, time, and
place scheduled for the hearing:
(i) to the
respondent at the address last provided to the division pursuant to Section
61-2f-207;
and
(ii) if the respondent is an
actively licensed sales agent or associate broker, to the principal broker with
whom the respondent is affiliated.
(f) Formal discovery is prohibited.
(g) The division may issue subpoenas or other
orders to compel production of necessary and relevant evidence:
(i) on its own behalf; or
(ii) on behalf of a party where the party:
(A) makes a written request;
(B) assumes responsibility for effecting
service of the subpoena; and
(C)
bears the costs of the service, any witness fee, and any mileage to be paid to
a witness.
(h) Upon ordering a licensee to appear for a
hearing, the division shall provide to the licensee the information that the
division will introduce at the hearing.
(i) The division shall adhere to Title 63G,
Chapter 2, Government Records Access and Management Act in addressing a request
for information obtained by the division through an investigation.
(j) The division may decline to provide a
party with information that it has previously provided to that party.
(k) Intervention is prohibited.
(l) Hearings shall be open to each party
unless the presiding officer closes the hearing pursuant to:
(i) Title 63G, Chapter 4, Utah Administrative
Procedures Act; or
(ii) Title 52,
Chapter 4, Open and Public Meetings Act.
(m) Upon filing a proper entry of appearance
with the division pursuant to Subsection
R151-4-110(1)(a),
an attorney may represent a party.
(5) Additional procedures for informal disciplinary proceedings.
(a) The division
shall begin a disciplinary proceeding by filing and serving on the respondent:
(i) a notice of agency action;
(ii) a petition setting forth the allegations
made by the division;
(iii) a
witness list, if applicable; and (iv) an exhibit list, if applicable.
(b) Answer.
(i) When the petition is filed, the presiding
officer, upon a determination of good cause, may require the respondent to file
an answer to the petition by so ordering in the notice of agency
action.
(ii) The respondent may
file an answer, even if not ordered to do so in the notice of agency
action.
(iii) Any answer shall be
filed with the division within 30 days after the mailing date of the notice of
agency action and petition.
(c) Witness and exhibit lists.
(i) Where applicable, the division shall
provide its witness and exhibit lists to the respondent when it mails its
notice of hearing.
(ii) The
respondent shall provide its witness and exhibit lists to the division no later
than 30 days after the mailing date of the division's notice of agency action
and petition.
(iii) Any witness
list shall contain:
(A) the name, address, and
telephone number of each witness; and
(B) a summary of the testimony expected from
the witness.
(iv) Any
exhibit list:
(A) shall contain an
identification of each document or other exhibit that the party intends to use
at the hearing; and
(B) shall be
accompanied by copies of the exhibits.
(d) Pre-hearing motions.
(i) Any pre-hearing motion permitted under
the Administrative Procedures Act or the rules promulgated by the Department of
Commerce shall be made in accordance with those rules.
(ii) The division director shall receive and
rule upon any pre-hearing motions.
(6) Formal adjudicative proceedings shall be conducted pursuant to the Administrative Procedures Act and the rules promulgated by the Department of Commerce.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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