Utah Administrative Code
Topic - Transportation
Title R907 - Administration
Rule R907-1 - Agency Actions, Administrative Procedures
Section R907-1-4 - Commencement by Department - Notice of Agency Action - Procedures
Current through Bulletin 2024-06, March 15, 2024
(1) The Department will begin an adjudicative proceeding by issuing a Notice of Agency Action. The Department will deliver a Notice of Agency Action to the person or persons against whom it is taking action. In addition, the Department will publish the Notice of Agency Action if required by a statute or rule.
(2) A Notice of Agency Action will include the following information:
(3) A Respondent should file a written response to the Notice of Agency Action.
(4) The Department may not make substantive changes to the Final Order. However, the Final Order must include a provision that notifies the Respondent of the right to judicial review. The Department must then deliver a copy of the Default Order and the Final Order to the Respondent in default.
(5) If the defaulting party is not the sole Respondent, the initiating division, office, or the Presiding Officer will mail the Default Order to every party. The adjudicative proceeding may continue, and the Department may determine the issues in the proceeding, including those affecting the defaulting party.
(6) A defaulting party may seek agency review of a Default Order by sending a written request for review to the Presiding Officer. If the Presiding Officer issued the Default Order, the defaulting party must seek reconsideration of the Default Order according to Section R907-1-8.
(7) The only issue the Presiding Officer may consider in a Request for Reconsideration is whether entering default was appropriate.