R23-25-4. Procedure

Pursuant to Section 63G-4-203, the procedure for informal adjudicative proceedings is as follows:

(1)(a) The respondent to a notice of agency action or request for agency action shall file and serve a written response, signed by the respondent or the respondent's representative, within 30 days of mailing of the notice of agency action, or within 30 days of notice of the Agency setting the matter for an informal adjudicative proceeding.

(b) The response shall be filed with the Agency and one copy shall be sent by mail to each party.

(c) Failure to file a responsive pleading may result in a default pursuant to Section 63G-4-209.

(2)(a) A hearing shall be provided to any party to the proceeding requesting a hearing.

(b) The Agency shall hold a hearing if required by statute or rule.

(c) A request for a hearing shall be in writing and filed at the same time the respondent submits a written response as provided in Subsection (1)(a).

(3) In the hearing, the parties named in the notice of agency action or in the request for agency action may be represented by counsel and shall be permitted to testify, present evidence and comment on the issues.

(4) Hearings will be held only after timely notice to all parties.

(5)(a) Discovery is prohibited, but the agency may issue subpoenas or other orders to compel production of necessary evidence.

(b) Each party to the proceeding is responsible for ensuring the appearance and associated costs of witnesses.

(6) All parties shall have access to information contained in the agency's files and to all materials and information gathered in any investigation, to the extent permitted by law.

(7) Intervention is prohibited, except that intervention is allowed where a Federal statute or rule requires that the state allow intervention.

(8) All hearings are open to all parties, except the presiding officer may take appropriate measures to preserve the integrity of the hearing, including the exclusion of a witness if requested by a party, and the protection of confidentiality of records or other information protected by law.

(9) Within a reasonable time after the close of the hearing, or after the party's failure to request a hearing, the presiding officer shall issue a signed order in accordance with Subsections 63G-4-203 (1) (i), (j), and (k).

(10) All hearings shall be recorded at the agency's expense.

(11) Nothing in this section restricts or precludes any investigative right or power given to the agency by statute.