R907-1-6. Administrative Procedures for Motor Carrier Actions

  (1) When a motor carrier appeals the imposition of a penalty under Title 72, Chapter 9, Motor Carrier Safety Act, he or she shall follow the procedures established in R907-1. This proceeding is an informal adjudicative proceeding under Section 63G-4-402, Utah Administrative Procedures Act; therefore, discovery is prohibited, but the administrative hearing officer may issue subpoenas or other orders to compel production of necessary evidence. The department shall provide the applicant, upon request, information in the agency's files, including records that are part of any investigation unless those records are otherwise made confidential or protected from disclosure.

  (2) If the proceeding is converted to a formal adjudicative proceeding and an evidentiary hearing held, the department's Executive Director may act as the administrative hearing officer. At the hearing, the motor carrier shall go first and is burdened to show why the department's civil penalties should not be assessed. The division shall respond, with the motor carrier being given an opportunity to rebut the division's evidence. If the administrative hearing officer decides doing so will be beneficial to his understanding of the issues, he may allow closing statements or arguments and he may tape the proceedings. The rules of evidence do not apply.

  (3) The person deciding the review shall issue a final agency order as promptly as possible. The order shall contain:

  (a) a designation of the statute or rule permitting or requiring review;

  (b) a statement of the issues reviewed;

  (c) findings as fact as to each of the issues;

  (d) conclusions of law as to each of the issues;

  (e) the reasons for the disposition;

  (f) whether the decision of the division or office initiating the decision is affirmed, reversed, modified, or remanded; and

  (g) notice of the right to judicial review pursuant to Section 63G-4-402 by filing a petition in district court within 30 days.