R993-100-105. How Hearings Are Conducted

  (1) Hearings are held at the state level and not at the local level.

  (2) Where not inconsistent with federal law or regulation governing hearing procedure, the Department will follow the Utah Administrative Procedures Act.

  (3) Hearings are conducted by an Administrative Law Judge (ALJ) in the Division of Adjudication.

  (4) Hearings are scheduled as telephone hearings. Every party wishing to participate in the telephone hearing must call the Division of Adjudication before the hearing and provide a telephone number where the party can be reached at the time of the hearing. If the client fails to call in advance, as required by the notice of hearing, the appeal will be dismissed.

  (5) If a client requires an in-person hearing, the client must contact an ALJ and request that the hearing be scheduled as an in-person hearing. The request should be made sufficiently in advance of the hearing so that all other parties may be given notice of the change in hearing type and the opportunity to appear in person also. Requests will only be granted if the client can show that an in-person hearing is necessary to accommodate a special need or if the ALJ deems an in-person hearing is necessary to ensure an orderly and impartial hearing which meets due process requirements. If the ALJ grants the request, all parties will be informed that the hearing will be conducted in person. Even if the hearing is scheduled as an in-person hearing, a party may elect to participate by telephone. In-person hearings are held in the offices of the Adjudication and Appeals Division unless the ALJ determines that another location is more appropriate.

  (6) The Department is not responsible for any travel costs incurred by the client or any of his or her witnesses in attending an in-person hearing.

  (7) The Division of Adjudication will permit collect calls from parties and their witnesses participating in telephone hearings.