63G-4-203 - Procedures for informal adjudicative proceedings.
63G-4-203. Procedures for informal adjudicative proceedings.
(1) If an agency enacts rules designating one or more categories of adjudicativeproceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe proceduresfor informal adjudicative proceedings that include the following:
(a) Unless the agency by rule provides for and requires a response, no answer or otherpleading responsive to the allegations contained in the notice of agency action or the request foragency action need be filed.
(b) The agency shall hold a hearing if a hearing is required by statute or rule, or if ahearing is permitted by rule and is requested by a party within the time prescribed by rule.
(c) In any hearing, the parties named in the notice of agency action or in the request foragency action shall be permitted to testify, present evidence, and comment on the issues.
(d) Hearings will be held only after timely notice to all parties.
(e) Discovery is prohibited, but the agency may issue subpoenas or other orders tocompel production of necessary evidence.
(f) All parties shall have access to information contained in the agency's files and to allmaterials and information gathered in any investigation, to the extent permitted by law.
(g) Intervention is prohibited, except that the agency may enact rules permittingintervention where a federal statute or rule requires that a state permit intervention.
(h) All hearings shall be open to all parties.
(i) Within a reasonable time after the close of an informal adjudicative proceeding, thepresiding officer shall issue a signed order in writing that states the following:
(i) the decision;
(ii) the reasons for the decision;
(iii) a notice of any right of administrative or judicial review available to the parties; and
(iv) the time limits for filing an appeal or requesting a review.
(j) The presiding officer's order shall be based on the facts appearing in the agency's filesand on the facts presented in evidence at any hearings.
(k) A copy of the presiding officer's order shall be promptly mailed to each of the parties.
(2) (a) The agency may record any hearing.
(b) Any party, at the party's own expense, may have a reporter approved by the agencyprepare a transcript from the agency's record of the hearing.
(3) Nothing in this section restricts or precludes any investigative right or power given toan agency by another statute.
Renumbered and Amended by Chapter 382, 2008 General Session