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Utah Administrative Code (Current through November 1, 2019) |
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R27. Administrative Services, Fleet Operations |
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R27-2. Fleet Operations Adjudicative Proceedings |
| R27-2-1. Informal Proceedings |
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Latest version.
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(1) The following categories of proceedings are hereby designated as informal proceedings under the Utah Administrative Procedures Act, Section 63G-4-202: (a) Determinations regarding operation of Fleet Operations within state government. (b) Any agency action not exempted under the Administrative Procedures Act, Section 63G-4-102 et seq. (2) Procedures governing informal adjudicatory proceedings: (a) No response need be filed to the notice of agency action or request for agency action. (b) The agency shall hold a hearing only if a hearing is required by statute, or is permitted by statute and a request for agency action, otherwise, at the discretion of the agency head no hearing will be held. (c) Only the parties named in the notice of agency action or request for agency action will be permitted to testify, present evidence and comment on the issues. (d) A hearing will be held only after timely notice of the hearing has been given. (e) No discovery, either compulsory or voluntary, will be permitted except that all parties to the action shall have access to information contained in the agency's files and investigatory information and materials not restricted by law. (f) No person, as defined in the Utah Administrative Procedures Act, Subsection 63G-4-103(1)(g), may intervene in an agency action unless federal statute or rule requires the agency to permit intervention. (g) Any hearing held under this rule is open to all parties. (h) Within thirty days after the close of any hearing held under this rule, or after the failure of a party to request a hearing, the agency head shall issue a written decision stating the decision, the reasons for the decision, notice of right of judicial review, and the time limits for filing an appeal to the appropriate district court. (i) The agency head's decision shall be based on the facts in the agency file and if a hearing is held, the facts based on evidence presented at the hearing. Decision from the Division may be appealed to the Executive Director of the Department of Administrative Services. (j) The agency shall notify the parties of the agency order by promptly mailing a copy thereof to each at the address indicated in the file. (k) Whether a hearing is held or not, an order issued under the provisions of this rule shall be the final order of the agency and may be appealed to the appropriate district court. |