Utah Admin. Code 35-1-1

Current through Bulletin 2024-23, December 1, 2024
Section R35-1-1 - Scheduling Committee Meetings
(1) The Executive Secretary shall respond in writing to the notice of appeal within seven business days.
(2) Two weeks before the Committee meeting or appeal hearing, the Executive Secretary shall post a notice of the meeting on the Utah Public Notice Website.
(3) The Executive Secretary sets the agenda for the meeting. If the Committee Chair determines necessary, the Executive Secretary may postpone appeals to the next available meeting.
(4) With exception to disputed records that will be reviewed in camera during a hearing, a party to an appeal before the Committee, including any intervening or interested-third party, shall submit to the Executive Secretary no later than five business days before the parties' scheduled hearing all evidence the party desires the Committee consider, including a statement of facts, reasons, and legal authority supporting the party's position, witness list, and exhibits. The Committee may not accept nor consider evidence or materials submitted later than five business days before the scheduled hearing date.
(5)
(a) Pursuant to Subsection 63G-2-401(5)(c) a party wishing to postpone an appeal shall notify the Committee via the Executive Secretary and the other party in writing with the reason for postponement.
(b) If the petitioner wishes to withdraw the appeal, the petitioner shall notify the Committee via the Executive Secretary and the governmental entity in writing no later than five days before the scheduled hearing date.
(c) The Committee Chair has the discretion to grant or deny a request to postpone a hearing based upon:
(i) the reasons given by in the request;
(ii) the timeliness of the request;
(iii) whether a party has previously requested and received a postponement;
(iv) whether the other party stipulated to the postponement; or
(v) any other factor determined to protect the equitable interests of the parties.
(d) If the request to postpone is granted, the Chair shall instruct the Executive Secretary to schedule the appeal for a later hearing date pursuant to Subsection 63G-2-403(4)(a).
(e) The Chair shall ordinarily deny a governmental entity's request to postpone the hearing unless the governmental entity has obtained the petitioner's prior consent to reschedule the hearing date or has provided a showing of good cause for the postponement.

Utah Admin. Code R35-1-1

Amended by Utah State Bulletin Number 2014-19, effective 9/9/2014
Amended by Utah State Bulletin Number 2015-16, effective 7/31/2015
Amended by Utah State Bulletin Number 2020-16, effective 8/7/2020
Amended by Utah State Bulletin Number 2021-18, effective 9/8/2021
Amended by Utah State Bulletin Number 2021-19, effective 9/8/2021
Amended by Utah State Bulletin Number 2023-20, effective 10/11/2023
Amended by Utah State Bulletin Number 2024-12, effective 6/18/2024