Section R590-160-7 - Rules Applicable to an Informal Adjudicative Proceeding(1)(a) The department may commence an informal adjudicative proceeding by issuing a Notice of Agency Action and Order under Subsection R590-160-4(1).(b) The order in Subsection (1)(a) is based on information contained in :(iii) the department's files.(c) The order in Subsection (1)(a) constitutes a proposed order that becomes final 15 days after service on the respondent unless a written request for a hearing is received before the expiration of 15 days.(2) A respondent's failure to timely request a hearing in an informal adjudicative proceeding is a failure to exhaust administrative remedies.(3) When a hearing is requested in an informal adjudicative proceeding, a notice of a prehearing conference is issued stating the matters to be decided and giving notice of the prehearing scheduling conference's date, time, and location.(4) A hearing in an informal adjudicative proceeding may be of record.(5)(a) At a hearing in an informal adjudicative proceeding, the commissioner may receive, regarding the issues to be decided, the following; (ii) proffer of evidence;(b) The commissioner may issue a subpoena requiring a witness's attendance or the production of necessary evidence.Utah Admin. Code R590-160-7
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