Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-212 - UPPAC Hearing Procedures and Reports
Section R277-212-6 - Discovery Prior to a Hearing
Universal Citation: UT Admin Code R 277-212-6
Current through Bulletin 2024-06, March 15, 2024
(1) Discovery is permitted to the extent necessary to obtain relevant information necessary to support claims or defenses, as determined by the hearing officer.
(2) Unduly burdensome legalistic discovery may not be used to delay a hearing.
(3) A hearing officer may limit discovery:
(a) at the discretion of the hearing officer;
or
(b) upon a motion by either
party.
(4) A hearing officer rules on all discovery requests and motions.
(5) The Executive Secretary shall issue a subpoena or other order to secure the attendance of a witness pursuant to Subsection 53E-6-606(1) if:
(a) requested by either party;
and
(b) notice of intent to call
the witness has been timely provided as required by Section
R277-212-4.
(6) The Executive Secretary shall issue a subpoena to produce evidence if timely requested by either party.
(7)
(a) A party may not present an expert witness
report or expert witness testimony at a hearing unless the requirements of
Section
R277-212-10
have been met.
(b) A respondent may
not subpoena the UPPAC attorney or investigator as an expert witness.
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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