R25-2-1. Informal Proceedings

(1) All matters over which the division has jurisdiction and which are subject to Section 63G-4-203 will be informal in nature for purposes of adjudication. The division director or his designee will preside over any proceeding.

(2) Procedures Governing Informal Adjudicatory Proceedings.

(a) No response need be filed to the notice of division action or request for division action.

(b) The division shall hold a hearing only if a hearing is required by statute, or is permitted by statute and a request for hearing is made within ten days after receipt of the notice of division action or request for division action.

(c) Only the parties named in the notice of division action or request for division 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 division'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 a division action unless federal statute or rule requires the division 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 division director 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 division director's decision shall be based on the facts in the division file and if a hearing is held, the facts based on evidence presented at the hearing.

(j) The division shall notify the parties of the division 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 division and may be appealed to the appropriate district court.

(3) Appeals regarding administrative offsets must be made in writing and within 30 days of the date of receipt of a letter of notification of an administrative offset and directed to the Division of Finance, 2110 State Office Building, Salt Lake City, Utah 84114.

(4) All other appeals must be made in writing and directed to the Division of Finance, 2110 State Office Building, Salt Lake City, Utah 84114.