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Utah Administrative Code (Current through November 1, 2019) |
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R708. Public Safety, Driver License |
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R708-35. Adjudicative Proceedings For Driver License Offenses Not Involving Alcohol or Drug Actions |
| R708-35-1. Purpose |
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The purpose of this rule is to establish procedures to be used by the Utah Driver License Division for non-alcohol/drug adjudicative proceedings. |
| R708-35-2. Authority |
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This rule is authorized by Section 53-3-104 and Subsection 63G-4-203(1). |
| R708-35-3. Definitions |
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(1) "Adjudicative proceeding" means any meeting, conference, session or hearing, in person or otherwise, between a person and a presiding officer or designee of the division, that is intended to resolve a dispute. (2) "Division" means the Driver License Division of the Utah Department of Public Safety. (3) "Division record" means the entire division file, including written reports received or generated by the division. It also includes, but is not limited to, minutes, written comments, presiding officer's written statements and summaries, testimony, evidence, findings of fact, conclusions of law, recommendations, and orders. (4) "Hearing" means a non-alcohol/drug adjudicative proceeding where evidence is considered to determine an issue of fact and to adjudicate a legal right or privilege. (5) "Presiding officer" means a division employee with authority to conduct non-alcohol/drug adjudicative proceedings. (6) "Recording" means documenting, by electronic or other means, the testimony or information presented at a non-alcohol/drug adjudicative proceeding. (7) "Serious violation" means a single violation determined by the division to require immediate remedial action. |
| R708-35-4. Designations |
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(1) In compliance with Section 63G-4-202, all division non-alcohol/drug adjudicative proceedings are designated as informal proceedings, unless converted to formal proceedings by a presiding officer or division supervisor. (2) An informal proceeding may be converted to a formal proceeding only if approved by a division supervisor and only if the conversion will promote efficiency, public safety, and not unreasonably increase cost. |
| R708-35-5. Authority for Conducting Adjudicative Proceedings |
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Non-alcohol/drug adjudicative proceedings will be conducted in accordance with Sections 53-3-221, 63G-4-203, and this rule. |
| R708-35-6. Commencement of Adjudicative Proceedings |
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(1) In accordance with Subsection 63G-4-201(1), non-alcohol/drug adjudicative proceedings may be commenced by: (a) a notice of division action, if the proceedings are commenced by the division; or (b) a request for division action, if the proceedings are commenced by a person other than the division. (2) A notice of division action and request for division action shall include the information set forth in Subsections 63G-4-201(2)(a) and (3)(a) respectively. |
| R708-35-7. Non-Alcohol/Drug Adjudicative Proceedings |
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The non-alcohol/drug adjudicative proceedings deal with the following types of hearings: (a) point system, Sections 53-3-209 and 53-3-221; (b) financial responsibility, Sections 41-12a-303.2, 41-12a-503, 41-12a-511, and 53-3-221; (c) contributing to a fatality, Section 53-3-221; (d) serious violation, Section 53-3-221; (e) unlawful use of a license, Section 53-3-229; (f) fraudulent application, Section 53-3-229; (g) failure to appear or comply, Section 53-3-221; (h) review examination request, Subsection 53-3-221(11); (i) driving during denial, suspension, revocation, or disqualification, Subsection 53-3-220(2); (j) leaving the scene of an accident, Section 53-3-221 (serious violation); and (k) limited license, Subsection 53-3-220 (4)(a). |
| R708-35-8. Hearing Procedures |
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(1) Time and place. Non-alcohol/drug adjudicative proceedings will be held at a time and place agreed upon by the parties. (2) Notice. Notice shall be given as provided in Subsection 53-3-216(3) unless otherwise agreed upon by the parties. Notice shall be given on a form approved by the division and is deemed to be signed by the presiding officer. The parties are deemed to have knowledge of the law. (3) Default. If the driver fails to respond timely to a division request or notice, a default may be entered in accordance with Section 63G-4-209. (4) Evidence. The parties and witnesses may testify under oath, present evidence, and comment on pertinent issues. The presiding officer may exclude irrelevant, repetitious, immaterial, or privileged information or evidence. The presiding officer may consider hearsay evidence and receive documentary evidence, including copies or excerpts. (5) Information. The driver shall have access to information in the division file to the extent permitted by law. (6) Subpoenas. Discovery is prohibited, but the division may issue subpoenas or other orders to compel production of necessary evidence. Subpoenas may be issued by the division at the request of the driver if the costs of the subpoenas are paid by the driver and will not delay the proceeding. (7) Administrative notice. The presiding officer has discretion to take administrative notice of records, procedures, rules, policies, technical scientific facts within the presiding officer's specialized knowledge or experience, or of any other facts that could be judicially noticed. (8) Presiding officer. The presiding officer may: (a) administer oaths; (b) issue subpoenas; (c) conduct prehearing conferences by telephone or in person to clarify issues, dispose of procedural questions, and expedite the hearing; (d) tape record or take notes of the hearing at his/her discretion; and (e) take appropriate measures to preserve the integrity of the hearing. |
| R708-35-9. Findings, Conclusions, Recommendations and Orders |
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(1) Within a reasonable period of time after the close of the hearing, the presiding officer will issue a written decision that may include findings of fact, conclusions of law, and a recommendation. (2) Statements reflecting findings of fact, conclusions of law, and recommendation may be written on a form that is approved by the division. The completed form will be transmitted to the central office of the division as soon as possible for the preparation of an order that complies with Subsection 63G-4-203(1). (3) As provided in Subsection 53-3-216(3), the order will be mailed to the last known address of the driver. (4) The order shall advise the driver of his/her right to seek a copy of written findings, conclusions, and recommendation of the presiding officer, and these will be made available to the driver only upon written request. |
| R708-35-10. Reconsideration |
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In accordance with Section 63G-4-302 a driver may file a request for reconsideration of the order within 20 days after receiving it. If the division does not issue an amended order within 20 days after receiving the request for reconsideration, the request for reconsideration shall be considered denied, and the driver may seek judicial review in accordance with Section 63G-4-402. |