Section R277-102-3 - Adjudicative Proceedings Subject to UAPA(1) The Board shall conduct all requests for agency action as informal adjudicative proceedings under UAPA unless another statute or rule specifically designates the proceedings as formal.(2) The presiding officer designated for a proceeding may convert an informal proceeding to a formal proceeding and vice versa as provided under Subsection 63G-4-202(3).(3) A person seeking review of a Board action shall:(a) submit a signed request for agency action in writing to the Board's secretary, which includes the information identified in Subsection 63G-4-201(3)(a);(b) mail a copy of the request to each person known to have a direct interest in the request; and(c) if no timeline is provided, submit the request for agency action within 30 days of the action subject to review.(4) The agency head shall promptly review the request for agency action and shall notify the requesting party in writing that:(a) the request is granted and that the adjudicative proceeding is completed;(b) the request requires further consideration, and an informal adjudicative proceeding will be conducted to review the matter; or(c) the request requires further consideration and, if expressly required by law, a formal adjudicative proceeding will be conducted to review the matter.(5) If the agency head determines a hearing will be held, whether formal or informal, the agency head:(a) shall designate a presiding officer for the hearing; and(b) may designate a hearing panel, consisting of the presiding officer and Board members, to hear the evidence and make recommendations to the full Board.(6)(a) The presiding officer shall: (i) chair the proceeding and make rulings on motions and evidentiary issues; and(ii) if no panel is appointed, shall make all findings of fact, conclusions of law, and recommendations to the Board.(b) If the agency head designates a hearing panel, the hearing panel shall make all findings of fact, conclusions of law, and recommendations to the Board.(7)(a) The Superintendent shall make appropriate arrangements for an informal adjudicative proceeding including: (i) determining the date of the hearing;(ii) designating the hearing location and other necessary information; and(iii) on a case by case basis, determine if an informal adjudicative proceeding may be held electronically.(b) The Superintendent shall maintain a record of all aspects of an informal adjudicative proceeding.(c) The Superintendent may delegate the hearing arrangements and procedures to the presiding officer.(8) The presiding officer shall establish timelines for the hearing and shall determine if a hearing is open or closed to the public consistent with the law.(9)(a) If the agency head determines the Board is legally required to provide a formal adjudicative proceeding or the presiding officer designates a proceeding as formal, the presiding officer shall conduct the proceedings in accordance with Sections 63G-4-204 through 63G-4-208.(b) The presiding officer shall prescribe the means of discovery at the request of the parties to the extent necessary to allow all parties access to relevant evidence.(10)(a) For both informal and formal adjudicative proceedings, the presiding officer shall have discretion in managing and making procedural and evidentiary decisions throughout the hearing process.(b) In ruling on matters raised by the parties, the presiding officer may consider, but is not bound by, the Utah Rules of Evidence and the Utah Rules of Civil Procedure.(11)(a) A presiding officer designated for a formal or informal adjudicative proceeding may recommend a default to the Board consistent with deadlines set by the presiding officer and the provisions of Section 63G-4-209.(b) A party in default may seek to have a default set aside consistent with Subsection 63G-4-209(3) and deadlines set by the presiding officer.(12) The presiding officer shall submit a written hearing report formalizing the hearing recommendation, to the Board and the parties, including findings of fact, conclusions of law, and recommended action for all informal and formal adjudicative proceedings within 20 calendar days of the conclusion of the hearing.(13) The Board shall consider the recommendation submitted under Subsection (12) and within a reasonable time shall:(a) approve the recommendation under Subsection (12); or(b) issue an alternate written determination and action based on the findings of fact made in the hearing report, if the Board disagrees with the proposed outcome in the hearing report.(14) The Board's decision is the final administrative decision on the issue, subject to a request for reconsideration applying the procedures of Section 63G-4-302.(15) The Superintendent shall respond to any request for reconsideration in accordance with Subsection 63G-4-302(3).Utah Admin. Code R277-102-3
Repealed by Utah State Bulletin Number 2019-12, effective 5/23/2019Adopted by Utah State Bulletin Number 2021-08, effective 4/8/2021