Section R590-160-6 - Rules Applicable to a Formal Adjudicative Proceeding(1) A hearing in a formal adjudicative proceeding shall comply with Section 63G-4-206.(2) The commissioner may direct the parties to participate in a prehearing conference.(3) The commissioner may grant a motion to continue a proceeding for good cause.(4) Unless ordered closed by the commissioner for good cause, a hearing in a formal adjudicative proceeding is open to the public.(5) Telephonic testimony. (a) The commissioner may, when the witness's identity can be established with reasonable certainty, take testimony telephonically.(b) If telephonic testimony is taken, a party may hear the testimony and examine or cross-examine the witness.(c) Telephonic testimony is given under oath.(6) Record of a hearing. (a) Recording. (i) A record of a hearing is made by audio recording.(ii) The commissioner shall provide a copy of the recording at the request and expense of a party other than the department.(b) Transcript of a hearing. (i) On reasonable notice to and approval from the commissioner, a party may employ a certified court reporter to record and transcribe a hearing.(ii) The party seeking approval to use a court reporter shall pay for the reporter and file the original transcript with the commissioner at no cost to the department.(iii) A party requesting a copy of the transcript may purchase the transcript copy from the reporter.(7) Subpoenas.(a) A subpoena is issued and served under the Utah Rules of Civil Procedure, Rule 45.(b) A party requesting a subpoena shall pay a witness the same fee and mileage the law allows for a district court.(8) Discovery may be conducted by: (a) the parties' agreement; or(b) the commissioner's order.Utah Admin. Code R590-160-6
Amended by Utah State Bulletin Number 2018-17, effective 8/14/2018Amended by Utah State Bulletin Number 2020-12, effective 6/8/2020Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021Amended by Utah State Bulletin Number 2022-07, effective 3/25/2022