R428-5-4. Formal Proceedings

  (1) The committee or its designated representative shall preside over a formal proceeding initiated by a notice of committee action or in response to a request for committee action.

  (2) The content of the notice of committee action shall comply with Subsection 63G-4-201(2). Formal hearings shall be held at the next regularly scheduled committee meeting unless prior arrangements are made for an alternate date and proper notice is provided all parties.

  (3) Within 30 calendar days of the mailing (electronic or paper) date of a notice of committee action, the respondent or his representative shall file with the Office and with each person known to have a direct interest a written, signed response that includes:

  (a) the agency's file number or other reference number;

  (b) the name of the adjudicative proceeding;

  (c) a statement of the relief or action sought;

  (d) a statement of the facts;

  (e) a statement summarizing the reasons for granting the relief requested.

  (4) A conference may be scheduled by the Director of the Office or the presiding officer to encourage settlement before the hearing.

  (5) The committee or its designated representative as presiding officer shall have the authority to issue subpoenas at their discretion.

  (6) Within a reasonable time after the hearing, or after the filing of any post-hearing papers permitted by the presiding officer, the presiding officer shall sign and issue an order that includes:

  (a) a statement of the presiding officer's findings of fact;

  (b) a statement of the presiding officer's conclusions of law;

  (c) a statement of the reasons for the presiding officer's decision;

  (d) a statement of any relief ordered by the agency;

  (e) a notice of the right to apply for committee reconsideration;

  (f) a notice of any right to administrative or judicial review available;

  (g) the time limits applicable to any reconsideration or review.