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Utah Administrative Code (Current through November 1, 2019) |
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R622. Lieutenant Governor, Administration |
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R622-1. Adjudicative Proceedings |
| R622-1-1. Purpose |
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A. This rule provides the informal adjudicative procedures for submission, review, and disposition of petitions for agency declaratory rulings on the applicability of statutes, rules, and orders governing or issued by the agency governing: 1. Appeal and review of a decision by the Lieutenant Governor's Office regarding elections, certifications, lobby licensing, filing of documents. B. The informal procedures of this rule apply to all other agency actions for which an adjudicative proceeding may be required. |
| R622-1-2. Authority |
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This rule is required by Chapter 4 of Title 63G, the Utah Administrative Procedures Act, and is enacted under the authority of Chapter 3 of Title 63G, the Utah Administrative Rulemaking Act. |
| R622-1-3. Definitions |
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A. The terms used in this rule are defined in Section 63G-4-103, except "agency" means Office of the Lieutenant Governor. B. In addition: 1. "order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons, not a class of persons; 2. "declaratory ruling" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule, or order; and 3. "applicability" means a determination if a statute, rule, or order should be applied, and if so, how the law stated should be applied to the facts. |
| R622-1-4. Petition Procedure |
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A. Any person or agency may petition for a declaratory ruling. B. The petition shall be addressed and delivered to the head of the agency. C. The agency shall stamp the petition with the date of receipt. |
| R622-1-5. Petition Form |
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The petition shall: 1. be clearly designated as a request for an agency declaratory ruling; 2. identify the statute, rule, or order to be reviewed; 3. describe in detail the situation or circumstances in which applicability is to be reviewed; 4. describe the reason or need for the applicability review; 5. include an address and telephone where the petitioner can be reached during regular work days; and 6. be signed by the petitioner. |
| R622-1-6. Petition Review and Disposition |
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A. Petition Review The agency head or designee shall promptly review and consider the petition and may: 1. meet with the petitioner; 2. hold a public hearing on the petition; 3. consult with counsel or the Attorney General; or 4. take any action, consistent with law, that the agency, in its judgment, deems necessary to provide the petition adequate review and due consideration. B. Decision of Agency The agency shall prepare the declaratory ruling without unnecessary delay and shall send the petitioner a copy of the ruling by certified mail, or shall send the petitioner notice of progress in preparing the ruling, within 30 days of receipt of the petition. C. Filing of Ruling The agency shall retain the petition and a copy of the declaratory ruling in its records. |
| R622-1-7. Nature of Proceeding |
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A. Any proceeding conducted by the agency shall be conducted as an informal adjudicative proceeding, as provided for in Section 63-46b-4-5. The agency head shall designate the presiding officer of the adjudicative proceeding and shall disclose that designation in the notice of adjudicative proceeding. B. Notice Not less than 20 days prior to any proposed agency action, the agency shall file and serve notice of the adjudicative proceeding upon the affected party, which notice shall be in writing, shall designate the presiding officer, shall be signed by the agency head and otherwise shall be prepared in accordance with the requirements of Section 63G-4-201. C. Procedure 1. No hearing shall be held unless the affected party requests a hearing in writing not more than ten days after the service of the notice of adjudicative proceeding. 2. If a hearing is requested by the affected party, affected party shall be permitted to testify, present evidence and comment on the proposed agency action. Prior to the hearing, the affected party shall have access to information contained in the agency's files relevant to the adjudicative proceeding but discovery is prohibited and the agency may not issue subpoenas or other discovery orders. 3. All informal adjudicative proceedings shall be open to all parties. |