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Utah Administrative Code (Current through November 1, 2019) |
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R641. Natural Resources, Oil, Gas and Mining Board |
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R641-113. Hearing Examiners |
| R641-113-100. Designation of Hearing Examiner |
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The Board may, in its discretion, on its own motion or motion of one of the parties, designate a hearing examiner for purposes of taking evidence and recommending findings of fact and conclusions of law to the Board. Any member of the Board, Division Staff, or any other person designated by the Board may serve as a hearing examiner. |
| R641-113-200. Powers |
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The order appointing a hearing examiner may specify or limit the hearing examiner's powers and may direct the hearing examiner to report only upon particular issues; to do or perform particular acts or to receive and report evidence only; and to fix the time and place for beginning and closing the hearing and for filing a report. Unless the hearing examiner's authority is limited, the hearing examiner will be vested with general authority to conduct hearings in an orderly and judicial matter, including authority to: 210. Summon and subpoena witnesses; 220. Administer oaths, call and question witnesses; 230. Require the production of records, books and documents; 240. Take such other action in connection with the hearing as may be prescribed by the Board in referring the case for hearing; and 250. Make evidentiary rulings and propose findings of fact and conclusions of law. |
| R641-113-300. Conduct of Hearings |
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Except as limited by the Board's order, hearings will be conducted under the same rules and in the same manner as hearings before the Board, as more fully described in R641-108. |
| R641-113-400. Rules, Findings, and Conclusions of Hearing Examiner |
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During the hearing, objections to evidence will be ruled upon by the hearing examiner. Where a ruling sustains objections to an admission of evidence, the party affected may insert in the record, as a tender of proof, a summary written statement of the evidence excluded and the objecting party may then make an offer of proof in rebuttal. Upon completion of the hearing, the hearing examiner will prepare a written summary of all such rulings and will make proposed findings of fact and conclusions of law in a proposed order in conformance with R641-109. All such proposed rulings, findings, and conclusions will be distributed to the parties and filed with the Board. |
| R641-113-500. Board Final Order |
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No later than the 10th day of the month following filing of the proposed rulings, findings, and conclusions by the hearing examiner, any party may file with the Board such briefs or statements as they may desire regarding the proposals made by the hearing examiner, but no party will offer additional evidence without good cause shown and an accompanying request for de novo hearing before the Board. The Board will then consider the hearing examiner's proposed rulings, findings, and conclusions and such additional materials as filed by the parties and may accept, reject, or modify such proposed rulings, findings, and conclusions in whole or in part or may remand the case to the hearing examiner for further proceedings, or the Board may set aside the proposed ruling, findings, and conclusions of the hearing examiner and grant a de novo hearing before the Board. If a Board member acted as the hearing examiner, then said Board member will not participate in the Board's determination. |