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Utah Administrative Code (Current through November 1, 2019) |
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R251. Corrections, Administration |
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R251-108. Adjudicative Proceedings |
| R251-108-1. Purpose and Authority |
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Latest version.
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(1) The purpose of this rule is to establish a procedure by which informal adjudicative proceedings shall be conducted as a result of a notice of agency action, or a request by a person for agency action regarding Department rules, orders, policies or procedures. This rule shall not apply to internal personnel actions conducted within the Department. (2) This rule is authorized by Sections 63G-3-201, 63G-4-202, 63G-4-203, and 64-13-10, of the Utah Code. |
| R251-108-2. Definitions |
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Latest version.
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(1) "Adjudicative proceeding" means a departmental action or proceeding. (2) "Department" means Department of Corrections. (3) "Hearing" means an adjudicative proceeding which may include not only a face-to-face meeting, but also a proceeding/meeting conducted by telephone, television or other electronic means. (4) "Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. (5) "Personnel actions" means any administrative hearings, grievance proceedings and dispositions, staff disciplinary process, promotions, demotions, transfers, or terminations within the department. (6) "Presiding officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding; if fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding. (7) "Petition" means a request for the department to determine the legality of agency action or the applicability of policies, procedures, rules, or regulations relating to agency actions associated with the governing of persons or entities outside the Department. |
| R251-108-3. Policy |
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Latest version.
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It is the policy of the Department that: (1) all adjudicative proceedings not exempted under the provisions of Section 63G-4-202, of the Utah Code, shall be informal; (2) upon receipt of a petition, the Department shall conduct an informal hearing regarding its actions or the applicability of Department policies, rules, orders or procedures that relate to particular actions; (3) the Department shall provide forms and instructions for persons or entities who request a hearing; (4) hearings shall be held in accordance with procedures outlined in Section 63G-4-203, of the Utah Code; (5) the provisions of this rule do not affect any legal remedies otherwise available to a person or an entity to: (a) compel the Department to take action; or (b) challenge a rule of the Department; (6) the provisions of this rule do not preclude the Department, or the presiding officer, prior to or during an adjudicative proceeding, from requesting or ordering conferences with parties and interested persons to: (a) encourage settlement; (b) clarify the issues; (c) simplify the evidence; (d) expedite the proceedings; or (e) grant summary judgment or a timely motion to dismiss; (7) a presiding officer may lengthen or shorten any time period prescribed in this rule, with the exception of those time periods established in Title 63G, Chapter 4, of the Utah Code, applicable to this rule; (8) the Executive Director/designee shall appoint a presiding officer to consider a petition within five working days after its receipt; (9) the presiding officer shall conduct a hearing regarding allegations contained in the petition within 30 working days after notification by the Executive Director; (10) the presiding officer shall issue a ruling subject to the final approval of the Executive Director within 15 working days following the hearing and forward a copy of same by certified mail to the petitioner; (11) the petition and a copy of the ruling shall be retained in the Department's records for a minimum of two years; (12) the ruling issued by the presiding officer terminates the informal adjudicative proceeding process; and (13) appeals shall be submitted to a court of competent jurisdiction as outlined in Sections 63G-4-401 and 402. |