Section R728-409-11 - Discovery and Subpoenas(1)(a) In formal POST adjudicative proceedings parties may conduct only limited discovery.(b) A respondent's right to discovery does not extend to interrogatories, requests for admissions, request for the production of documents, request for the inspection of items, or depositions.(2) Upon request, the respondent is entitled to a copy of the materials contained in the division's investigative file that the division intends to use in the adjudicative proceeding. The respondent is only entitled to those materials after filing a written response with the division as required by Section R728-409-7.(3)(a) The disclosure of all discovery materials is subject to the provisions in the Government Records Access and Management Act, Section 63G-2-101.(b) The division may charge a fee for discovery in accordance with Section 63G-2-203.(4) Subpoenas and other orders to secure the attendance of witnesses or the production of evidence for adjudicative proceedings shall be issued by the division pursuant to Sections 53-6-210 and 53-6-308, by the ALJ when requested by any party, or by the ALJ on his own motion pursuant to Section 63G-4-205.Utah Admin. Code R728-409-11
Amended by Utah State Bulletin Number 2015-2, effective 12/22/2014Amended by Utah State Bulletin Number 2015-23, effective 11/12/2015Amended by Utah State Bulletin Number 2019-14, effective 6/24/2019Amended by Utah State Bulletin Number 2020-03, effective 1/9/2020Amended by Utah State Bulletin Number 2020-17, effective 8/25/2020