5. All categories not designated as formal will be conducted as informal proceedings.
A. "Adjudicative Proceeding" means a department action or proceeding that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including all Department actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend the authority, right, or license; and judicial review of all actions. Any matters not governed by Title 63G, Chapter 4 shall not be included within this definition.
B. "Department" means the Utah Department of Agriculture and Food.
C. "Staff" means the Utah Department of Agriculture and Food staff.
D. "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food.
E. "Person" means an individual group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivisions or its units, public or private organization or entity of any character, or other agency.
F. "Presiding Officer" means the Commissioner or an individual or body of individuals designated by the Commissioner, by the Department's rules, or by statute to conduct a particular adjudicative proceeding.
G. "Party" means the Department or other person commencing an adjudicative proceeding, all respondents, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding.
H. "Respondent" means any person against whom an adjudicative proceeding is initiated, whether by the Department or any other person.
I. "Application" means any application for a license, permit or certification.
J. "Applicant" is a person filing an application.
K. The meaning of any other words used herein relating to agriculture shall be as defined in Title 4, or any rules promulgated thereunder.
A. These rules shall be construed in accordance with Title 63G, Chapter 4.
B. These rules shall be liberally construed to secure just, speedy, and economical determination of all issues presented to the Department.
C. Deviation from Rules
The Department may permit a waiver from these rules if:
1. The waiver is not precluded by statute;
2. No party will be prejudiced by the waiver;
3. When no health hazard will result; and
4. The Department determines that it would be in the best interest or temporary convenience of the State.
D. Computation of Time
All adjudicative proceedings commenced by this rule and which incorporate a time frame, shall have the time frame measured in calendar days. The time frame shall be measured 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 nor State holiday.
R51-2-5. Commencement of Proceedings.
A. Proceedings commenced by the Department.
All informal adjudicative proceedings commenced by the Department shall be initiated as provided by applicable statute, and Section 63G-4-201.
B. Proceedings Commenced by Persons Other Than the Department.
All informal adjudicative proceedings commenced by persons other than the Department shall be commenced by submitting in writing a request for agency action in accordance with Subsection 63G-4-201(3).
A. The Department 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 Department or a presiding officer may at their discretion initiate a hearing to determine matters within their authority.
B. Notice of the hearing shall be mailed to all parties by regular mail at least ten days prior to the hearing.
C. If no hearing is held in a particular adjudicative proceeding, the presiding officer shall within a reasonable time issue a decision pursuant to Subsection 63G-4-203(1)(i).
Intervention is prohibited except where a federal statute or rule requires that a state permit intervention.
R51-2-8. Pre-hearing Procedure.
The presiding officer may, upon written notice to all parties of record, hold a pre-hearing conference for the purposes of formulating or simplifying the issues, obtaining admissions of fact and of 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.
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.
R51-2-10. Parties to a Hearing.
A. All persons defined as a "party" are entitled to participate in hearings before the Department.
B. All parties shall be entitled to introduce evidence, examine and cross-examine witnesses, make arguments, and fully participate in the proceeding. The presiding officer can, for good cause, limit evidence, examination, and cross examination of witnesses and arguments.
R51-2-11. Appearances and Representation.
A. Taking Appearances