Section R907-1-3 - Appointment of the Presiding Officer and Hearing Record(1) The Executive Director or a deputy director will appoint a Presiding Officer to oversee an informal hearing as follows:(a) the Director of Operations, if the action involves Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act;(b) the Deputy Director of Engineering and Operations or a designee if the action involves Title 72, Chapter 9, Motor Carrier Safety Act;(c) the Director of Project Development or a designee, if the matter relates to: (i) construction contract disputes; or(ii) construction bids or the Disadvantaged Business Enterprise (DBE) program, in which case, the agency review also constitutes "administrative reconsideration" under federal regulation;(d) the Region Director, if the action involves something other than the items listed in Subsection (a), (b), or (c), and this rule or a statute does not specify a specific appellate procedure;(2) The Presiding Officer will record a hearing from beginning to end.(3) For relocation assistance matters valued at more than $50,000. The Executive Director will appoint an Administrative Law Judge (ALJ) to act as a Presiding Officer over challenges to decisions related to relocation assistance valued more than $50,000 under Title 57, Chapter 12, Utah Relocation Assistance Act or the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, Sections 42 U.S.C. 4601-4655. (a) If the Executive Director appoints an ALJ, the Executive Director will hire a stenographer to record and transcribe the hearing.(b) The Executive Director will procure the services and pay the costs of the ALJ and stenographer.(4) For matters that do not involve relocation assistance. The Executive Director or a deputy director may appoint an ALJ to preside over a matter if they determine that doing so serves the interests of the Department, the state, or a party.(a) If the Executive Director or a deputy director appoints an ALJ, the Executive Director or a deputy may hire a stenographer to record and transcribe the hearing.(b) The Executive Director or a deputy director may procure the services and pay the costs of the ALJ and a stenographer.Utah Admin. Code R907-1-3
Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022Amended by Utah State Bulletin Number 2023-03, effective 1/24/2023