63G-4-205 - Procedures for formal adjudicative proceedings -- Discovery and subpoenas.
63G-4-205. Procedures for formal adjudicative proceedings -- Discovery andsubpoenas.
(1) In formal adjudicative proceedings, the agency may, by rule, prescribe means ofdiscovery adequate to permit the parties to obtain all relevant information necessary to supporttheir claims or defenses. If the agency does not enact rules under this section, the parties mayconduct discovery according to the Utah Rules of Civil Procedure.
(2) Subpoenas and other orders to secure the attendance of witnesses or the production ofevidence in formal adjudicative proceedings shall be issued by the presiding officer whenrequested by any party, or may be issued by the presiding officer on the presiding officer's ownmotion.
(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