Utah Administrative Code
Topic - Public Safety
Title R708 - Driver License
Rule R708-14 - Adjudicative Proceedings for Driver License Actions Involving Alcohol and Drugs
Section R708-14-9 - Hearing Procedures
Current through Bulletin 2024-06, March 15, 2024
(1) The division shall hold alcohol and drug adjudicative proceedings, including the hearings listed in Section R708-14-7:
(2) The county in which the hearing is held may be designated by the division if each party and witness have requested to attend telephonically or by live audiovisual means.
(3) Notice of the hearing provided by the division shall be:
(4) The notice provided under Subsection (3) need only inform the parties as to the date, time, place, and basic purpose of the proceeding. The parties are considered to know the law.
(5) If the driver fails to respond timely to a division request or notice, a default may be entered in accordance with Subsection 53-3-223(7)(a).
(6) The parties and witnesses may testify under oath, present evidence, and comment on pertinent issues.
(7) The hearing officer may:
(8) The driver shall have access to information in the division file to the extent permitted by law.
(9) Discovery is prohibited, but the division may issue subpoenas or other orders to compel production of necessary evidence. Subpoenas may be issued by the division at the request of the driver if the costs of the subpoenas are paid by the driver and will not delay the proceeding.
(10) The hearing officer has discretion to take administrative notice of records, procedures, rules, policies, technical scientific facts within the hearing officer's specialized knowledge or experience, or of any other facts that could be judicially noticed.
(11) The hearing officer shall make a recommendation to the presiding officer regarding action to be taken following the hearing.
5/1/2018