Section R156-78B-15 - Affidavits alleging Failure to Reasonably Cooperate in Scheduling a Hearing(1) As required by Subsection 78B-3-416(3)(c)(ii), an affidavit submitted by a petitioner alleging a respondent's failure to reasonably cooperate in scheduling a prelitigation hearing shall be submitted within 180 days of petitioner's request for prelitigation panel review.(2) The affidavit alleging respondent's failure to reasonably cooperate in scheduling a prelitigation hearing filed under Subsection (1) shall set forth specific factual allegations that: (a) respondent failed to reasonably cooperate in scheduling a hearing; and(b) the hearing could not be held within the jurisdictional time frame of 180 days from the date of the request for prelitigation review.(3) Failure to reasonably cooperate in scheduling a hearing may include one or more of the following reasons: (a) a respondent failed to agree upon a first and second choice of dates for a prelitigation hearing;(b) a respondent failed to reasonably participate in determining the type of health care providers requested for the prelitigation hearing panel; or(c) a respondent submitted a motion for and obtained a continuance of the prelitigation hearing and failed to timely submit a notice of availability for a rescheduled hearing.(4) An affidavit alleging failure to reasonably cooperate in scheduling a prelitigation hearing shall comply with Section R156-78B-6 governing pleadings and Section R156-78B-7 governing filing and service.(5) A respondent may file a response to an affidavit alleging failure to reasonably cooperate in scheduling a prelitigation hearing within five days after the service of the affidavit. Any response shall be in the form of a counter affidavit.(6) The Division shall review petitioner's affidavit alleging failure to reasonably cooperate in scheduling a hearing and respondent's counter affidavit, if any, and make a written determination within 15 days of the filing of petitioner's affidavit, under either Subsections 78B-3-416(3)(d)(ii)(A) or (B). The written determination shall be accompanied by a certificate of compliance or a notice to file an affidavit of merit, as appropriate.Utah Admin. Code R156-78B-15