Utah Administrative Code
Topic - Transportation
Title R907 - Administration
Rule R907-1 - Agency Actions, Administrative Procedures
Section R907-1-13 - Formal Process and Hearing: Conduct of Hearings
Current through Bulletin 2024-06, March 15, 2024
The Presiding Officer will follow these procedures when conducting hearings for a formal adjudication:
(1) Public Hearings. Hearings must be open to the public unless otherwise ordered by the Presiding Officer with a showing of good cause. Hearings must be accessible by the parties.
(2) Full Disclosure. The Presiding Officer will regulate the course of the hearing to fully disclose relevant facts and afford the parties a reasonable opportunity to present their positions.
(3) Rules of Evidence. The Presiding Officer will use the Utah Rules of Evidence as appropriate guides as they apply to the proceeding and are not inconsistent with this rule.
(4) Notwithstanding Subsection R907-1-13(3), on the Presiding Officer's motion or upon objection of a party, the Presiding Officer:
(5) Hearsay. Notwithstanding Subsection R907-1-13(4)(c), the Presiding Officer may not exclude evidence solely because it is hearsay.
(6) Parties Rights. The Presiding Officer must allow the parties to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.
(7) Public Participation. The Presiding Officer may give persons not a party to the adjudicative proceeding the opportunity to present oral or written statements at the hearing.
(8) Oath. If offered as evidence to be considered in deciding on the merits, witnesses must present testimony at the hearing under oath.
(9) Failure to Appear. When a party to a proceeding with due notice fails to appear at a hearing, the Presiding Officer may enter a Default Order that accords with this rule.
(10) Time Limits. The Presiding Officer may set reasonable time limits for the hearing participants.
(11) Continuances of the Hearing. The Presiding Officer may continue any hearing to a time and date certain announced at the hearing, which will not require any new notification. The continuance of the hearing may be made upon motion of a party indicating good cause why such a continuance is necessary and not due to the dereliction of the party requesting the continuance. In addition, the Presiding Officer may continue a hearing when in the public interest.
(12) Oral Argument and Briefs. Upon the conclusion of the taking of evidence, the Presiding Officer may permit the parties to make oral arguments or submit additional briefs or memoranda upon a schedule designated by the Presiding Officer.
(13) Record of Hearing. Subsection R907-1-3(2) governs the recording of the hearing.
(14) Preserving Integrity. This section does not preclude the Presiding Officer from taking appropriate measures necessary to preserve the integrity of the hearing.
(15) Witness Fees, Summons, Discovery, and Construction.