Current through Bulletin 2024-06, March 15, 2024
(1) The Board shall conduct all requests for
agency action as informal adjudicative proceedings under UAPA unless another
statute or rule specifically designates the proceedings as formal.
(2) The presiding officer designated for a
proceeding may convert an informal proceeding to a formal proceeding and vice
versa as provided under Subsection
63G-4-202(3).
(3) A person seeking review of a Board action
shall:
(a) submit a signed request for agency
action in writing to the Board's secretary, which includes the information
identified in Subsection
63G-4-201(3)(a);
(b) mail a copy of the request to each person
known to have a direct interest in the request; and
(c) if no timeline is provided, submit the
request for agency action within 30 days of the action subject to
review.
(4) The agency
head shall promptly review the request for agency action and shall notify the
requesting party in writing that:
(a) the
request is granted and that the adjudicative proceeding is completed;
(b) the request requires further
consideration, and an informal adjudicative proceeding will be conducted to
review the matter; or
(c) the
request requires further consideration and, if expressly required by law, a
formal adjudicative proceeding will be conducted to review the
matter.
(5) If the agency
head determines a hearing will be held, whether formal or informal, the agency
head:
(a) shall designate a presiding officer
for the hearing; and
(b) may
designate a hearing panel, consisting of the presiding officer and Board
members, to hear the evidence and make recommendations to the full
Board.
(6)
(a) The presiding officer shall:
(i) chair the proceeding and make rulings on
motions and evidentiary issues; and
(ii) if no panel is appointed, shall make all
findings of fact, conclusions of law, and recommendations to the
Board.
(b) If the agency
head designates a hearing panel, the hearing panel shall make all findings of
fact, conclusions of law, and recommendations to the Board.
(7)
(a) The Superintendent shall make appropriate
arrangements for an informal adjudicative proceeding including:
(i) determining the date of the
hearing;
(ii) designating the
hearing location and other necessary information; and
(iii) on a case by case basis, determine if
an informal adjudicative proceeding may be held electronically.
(b) The Superintendent shall
maintain a record of all aspects of an informal adjudicative
proceeding.
(c) The Superintendent
may delegate the hearing arrangements and procedures to the presiding
officer.
(8) The
presiding officer shall establish timelines for the hearing and shall determine
if a hearing is open or closed to the public consistent with the law.
(9)
(a) If
the agency head determines the Board is legally required to provide a formal
adjudicative proceeding or the presiding officer designates a proceeding as
formal, the presiding officer shall conduct the proceedings in accordance with
Sections
63G-4-204
through
63G-4-208.
(b) The presiding officer shall prescribe the
means of discovery at the request of the parties to the extent necessary to
allow all parties access to relevant evidence.
(10)
(a) For
both informal and formal adjudicative proceedings, the presiding officer shall
have discretion in managing and making procedural and evidentiary decisions
throughout the hearing process.
(b)
In ruling on matters raised by the parties, the presiding officer may consider,
but is not bound by, the Utah Rules of Evidence and the Utah Rules of Civil
Procedure.
(11)
(a) A presiding officer designated for a
formal or informal adjudicative proceeding may recommend a default to the Board
consistent with deadlines set by the presiding officer and the provisions of
Section
63G-4-209.
(b) A party in default may seek to have a
default set aside consistent with Subsection
63G-4-209(3)
and deadlines set by the presiding officer.
(12) The presiding officer shall submit a
written hearing report formalizing the hearing recommendation, to the Board and
the parties, including findings of fact, conclusions of law, and recommended
action for all informal and formal adjudicative proceedings within 20 calendar
days of the conclusion of the hearing.
(13) The Board shall consider the
recommendation submitted under Subsection (12) and within a reasonable time
shall:
(a) approve the recommendation under
Subsection (12); or
(b) issue an
alternate written determination and action based on the findings of fact made
in the hearing report, if the Board disagrees with the proposed outcome in the
hearing report.
(14) The
Board's decision is the final administrative decision on the issue, subject to
a request for reconsideration applying the procedures of Section
63G-4-302.
(15) The Superintendent shall respond to any
request for reconsideration in accordance with Subsection
63G-4-302(3).
