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Utah Administrative Code (Current through November 1, 2019) |
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R653. Natural Resources, Water Resources |
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R653-7. Administrative Procedures for Informal Proceedings |
| R653-7-1. Authority and Effective Date |
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This rule establishes and governs administrative proceedings before the Utah Division of Water Resources and the Utah Board of Water Resources, respectively, as required by Sections 63-46b-1, et seq. |
| R653-7-2. Designation of Informal Proceedings |
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All adjudicative proceedings of the Division of Water Resources and the Board of Water Resources are hereby designated as informal. |
| R653-7-3. Definitions |
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1. Terms used in this rule are defined in Section 63-46b-2. 2. In addition: a. "Division" means the Utah Division of Water Resources. b. "Board" means the Utah Board of Water Resources. c. "Director" means the Director of the Division of Water Resources. d. "Staff" means the staff of the Division of Water Resources. |
| R653-7-4. Construction -- Computation of Time |
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1. This rule shall be construed in accordance with the Utah Administrative Procedures Act and supersedes any conflicting provision of procedural rules promulgated by the Division or Board. 2. This rule shall be liberally construed to secure a just and speedy determination of all issues presented to the Division or Board. 3. For good cause, and where no party is prejudiced, the Division or Board may permit deviation from this rule except where precluded by statute. The time within which any act shall be done shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or State holiday, and then it is excluded and the period runs until the end of the next day which is neither a Saturday, Sunday, or State holiday. |
| R653-7-5. Commencement of Proceedings |
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1. All informal adjudicative proceedings commenced by the Division or Board shall be initiated as provided by Subsection 63-46b-3. 2. All informal adjudicative proceedings commenced by a person other than the Division or Board shall be commenced by either completing prepared forms on file at the Division requesting agency action, or by submitting in writing a request for agency action in accordance with Subsection 63-46b-3. |
| R653-7-6. Answer or Responsive Pleading |
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After a notice of agency action or a request for agency action has been issued or filed, any party may file an answer or response. |
| R653-7-7. Amendments to Pleadings |
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The Presiding Officer may allow pleadings to be amended or corrected, and defects which do not affect substantial rights of the parties may be disregarded; provided, however, that documents which are governed by specific statutory provisions shall be amended only as provided by statute. |
| R653-7-8. Intervention |
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Intervention is prohibited except as otherwise required by a federal or State statute. |
| R653-7-9. Hearings |
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1. The Division, Board or a Presiding Officer shall hold a hearing if a hearing is required by statute, or if a hearing is permitted by statute and is requested by a party within 30 days of the commencement of the adjudicative proceeding. The Division, Board or a Presiding Officer may at their discretion initiate a hearing to determine matters within their authority. 2. Notice of the hearing will be served on all parties by regular mail at least ten days prior to the hearing. 3. If no hearing is held in a particular adjudicative proceeding, the Presiding Officer shall issue a decision within a reasonable time. |
| R653-7-10. Pre-Hearing Procedure |
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The Presiding Officer may, upon written notice to all parties of record, hold a pre-hearing conference for purposes of formulating or simplifying the issues, obtaining admissions of fact and documents which will avoid unnecessary proof, arranging for the exchange of proposed exhibits, and agreeing to other matters as may expedite the orderly conduct of the proceedings or the settlement thereof. |
| R653-7-11. Continuance |
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If application is made to the Presiding Officer within a reasonable time prior to the date of hearing, upon proper notice to the other parties the Presiding Officer may grant a continuance of the hearing. |
| R653-7-12. Parties to a Hearing |
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1. All persons defined as a "party" are entitled to participate in hearings before the Division or Board. 2. All parties shall be entitled to introduce evidence, examine and cross-examine witnesses, make arguments, and fully participate in the proceeding. |
| R653-7-13. Appearances and Representation |
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1. Parties shall enter their appearances at the beginning of a hearing or at a time as may be designated by the Presiding Officer by giving their names and addresses and stating their positions or interests in the proceeding. 2. An individual who is a party to a proceeding, or an officer designated by a partnership, corporation, association or governmental subdivision or agency which is a party to a proceeding, may represent his or its interest in the proceeding. 3. Any party may be represented by an attorney licensed to practice in the State of Utah. |
| R653-7-14. Failure to Appear--Default |
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When a party or his authorized representative to a proceeding fails to appear at a hearing after due notice has been given, the Presiding Officer may continue the matter or may enter an order of default as provided by Section 63-46b-11, or may proceed to hear the matter in the absence of the defaulting party. |
| R653-7-15. Discovery, Testimony, Evidence and Argument |
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1. Discovery is prohibited and the Division or Board may not issue subpoenas or other discovery orders. 2. All parties shall have access to non-confidential and non-privileged information contained in Division and Board files that are public record and to all materials and information gathered in any investigation, to the extent permitted by law. 3. At any hearing, the Presiding Officer shall accept oral or written testimony from any party. Further, the Presiding Officer shall have the right to question and examine any witness called to present testimony. Testimony and statements received at hearings may be under oath. 4. A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial and unduly repetitious evidence may be excluded. The weight to be given to evidence shall be determined by the Presiding Officer. Hearsay evidence may not be excluded solely because it is hearsay. 5. Documentary evidence may be received in the form of copies or excerpts. However, upon request, parties shall be given an opportunity to compare the copy with the original. 6. The Presiding Officer may take official notice of the following matters: a. Rules, guidelines, official reports, written decisions, orders or policies of the Board of Water Resources, Division of Water Resources and any other regulatory agency, State or federal; b. Official documents introduced into the record by proper reference; provided, the documents shall be made available so that parties to the hearing may examine the documents and present rebuttal testimony if they so desire; and c. Matters of common knowledge and generally-recognized technical or scientific facts within the Division's or Board's specialized knowledge and of any factual information which the Presiding Officer may have gathered from a field inspection. 7. Upon the conclusion of the taking of evidence, the Presiding Officer may, in his discretion, permit the parties to make oral arguments setting forth their positions and also to submit written memoranda within the time specified by the Presiding Officer. |
| R653-7-16. Record of Hearing |
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1. A record of any hearing shall be recorded at the Division's or Board's expense. When a record is made by the Division or Board, it shall be done by means of an automatic recording device. Any party, at his own expense, may have a reporter approved by the Division or Board prepare a transcript from the record of the hearing. 2. If a party desires that the testimony be recorded by means of a court reporter, that party may employ a court reporter at his own expense and shall furnish a transcript of the testimony to the Division or Board free of charge. This transcript shall be available at the Division office to any party to the hearing. |
| R653-7-17. Decisions and Orders |
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1. After the Presiding Officer has reached a final decision upon any adjudicative proceeding, he shall make and enter a signed order in writing that states: a. the decision; b. the reasons for the decision; c. a notice of the rights of the parties to request Division or Board review, reconsideration or judicial review, as appropriate; and d. notice of time limits for filing a request for review, reconsideration or court appeal. 2. The order shall be based on facts appearing in any of the Division's files or records and on facts presented in evidence at any hearings. 3. A copy of the Presiding Officer's order shall be mailed by regular mail to each of the parties. |
| R653-7-18. Request for Reconsideration |
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1. Any aggrieved party may file a request for reconsideration by following the procedures of Section 63-46b-13. A request is not a prerequisite for judicial review. 2. The Division Director or Board shall issue a written order granting or denying the request for reconsideration. If an order is not issued within 20 days after the filing of a request, the request for rehearing shall be considered denied. Any order granting rehearing shall be strictly limited to the matter specified in the order. |
| R653-7-19. Judicial Review |
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Any party aggrieved by final agency action may obtain judicial review of the action pursuant to Sections 63-46b-14 and 15, except where judicial review is not permitted. A petition for judicial review shall be filed within 30 days after the date that the order constituting final agency action is issued. |
| R653-7-20. Declaratory Orders |
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1. Any interested person may file a request for agency action requesting that the Division or Board issue a declaratory order determining the applicability of any statute, rule, or order within the primary jurisdiction of the Division or Board pursuant to Section 63-46b-21. 2. A request for a declaratory order shall be filed in accordance with Section 63-46b-21 which request commences an informal adjudicative proceeding and shall set forth in detail: a. the specific statute, rule, or order which is in question; b. the specific facts for which the order is requested; c. the manner in which the person making the request claims the statute, rule, or order may affect him; and d. the specific question for which a declaratory order is requested. 3. The Division or Board may in their discretion decline to issue declaratory orders where the facts presented are deemed to be conjectural, abstract, insubstantial or where the public interest would best be served by not issuing an order. |
| R653-7-21. Emergency Orders |
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The Division or Board may issue an order on an emergency basis without complying with these rules under the circumstances and procedures set forth in Section 63-46b-20. |