R590-160-7. Rules Applicable to Formal Adjudicative Proceedings

  (1) Conduct of Hearing. Any hearing in a formal adjudicative proceeding shall be conducted pursuant to the provisions of Section 63G-4-206.

  (2) Continuance. If application is made within a reasonable time prior to the date of hearing, upon proper notice to the other parties, the presiding officer may grant a motion for continuance or other change in the time and place of hearing, upon good cause shown. The presiding officer may also, for good cause, continue a hearing in process if such continuance will not substantially prejudice the rights of any party.

  (3) Public Hearings. Unless ordered by the presiding officer for good cause, any hearing shall be open to the public.

  (4) Telephonic Testimony. The presiding officer may, when the identity of a witness can be established with reasonable assurance, take testimony telephonically. If telephonic testimony is taken, any party shall be permitted to hear the testimony and examine or cross-examine the witness. The presiding officer has discretion whether telephonic testimony may be allowed. Any telephonic testimony shall be given under oath.

  (5) Record of Hearing.

  (a) Recording. The record of the proceeding shall be made by an audio recording. A duplicate copy of the recording, or any portion thereof, shall be provided by the presiding officer at the request and expense of any party, and at no cost to the commissioner.

  (b) Transcript of Hearing. Upon reasonable notice and at the party's own expense, any party may request that a certified shorthand reporter be present to record the proceeding. If a transcript is made, the original transcript of the proceeding shall be filed with the presiding officer at no cost to the commissioner. Any party who wants a copy of the transcript may purchase it from the reporter at the party's own expense

  (6) Subpoenas, Witness Fees and Payment.

  (a) Subpoenas.

  (i) On the presiding officer's command, or at the request of any party the presiding officer may issue a subpoena to:

  (A) obtain or inspect documents;

  (B) inspect premises or tangible things; or

  (C) secure the attendance of a witness at a hearing or deposition in a formal adjudicative proceeding.

  (ii) Any subpoena shall be issued and served in accordance with the Utah Rules of Civil Procedure, Rule 45, Subpoena.

  (b) Witness Fees. Each subpoenaed witness, other than Department staff, who appears before the presiding officer shall be entitled to receive the same fees and mileage allowed by law to witnesses in a district court, to be paid by the party who requests the subpoena.

  (c) Payment.

  (i) Any witness appearing at the request of the presiding officer shall be entitled to payment from the funds appropriated for the use of the Department.

  (ii) Any witness subpoenaed at the request of a party other than the presiding officer may, at the time of service of the subpoena, demand one day's witness fee and mileage in advance and unless such fee is tendered, that witness shall not be required to appear.

  (7) Discovery. Discovery may be conducted by the parties' agreement or pursuant to an order of the presiding officer.

  (8) Order. The presiding officer shall issue a written, signed order based upon evidence presented in the hearing.