R25. Government Operations, Finance.
R25-2. Finance Adjudicative Proceedings.
R25-2-1. Informal Proceedings.
(1) Matters over which the division has jurisdiction and which are subject to Section 63G-4-203 will be informal in nature for purposes of adjudication. The division director or the division director's designee will preside over any proceeding.
(2) Procedures Governing Informal Adjudicatory Proceedings.
(a) No response need be filed to the notice of division action or hearing or to the request for division action or hearing.
(b) The division shall hold a hearing only if a hearing is required by statute.
(c) Only the parties named in the notice of division action or hearing or in the request for division action or hearing will be permitted to testify, present evidence, and comment on the issues.
(d) A hearing will be held only after timely notice of the hearing has been given.
(e) No discovery, either compulsory or voluntary will be permitted except that each party to the action shall have access to information contained in the division's files and investigatory information and materials not restricted by law.
(f) No person, as defined in the Utah Administrative Procedures Act, Subsection 63G-4-103(1)(g), may intervene in a division action unless federal statute or rule requires the division to permit intervention.
(g) Any hearing held under this rule is open to all parties.
(h) Within 30 days after the close of any hearing held under this rule, the division director or the division director's designee shall issue a written order stating the decision, the reasons for the decision, notice of right of judicial review, and the time limits for requesting agency review and for filing an appeal to the appropriate district court.
(i) The order and decision of the division director or the division director's designee shall be based on the facts in the division file and if a hearing is held, the facts based on evidence presented at the hearing.
(j) The division shall notify the parties of the division order by promptly mailing a copy thereof to each at the address indicated in the file. If a party agrees to receive the order through email, the division may email a copy of the division order to an email address provided by the party, instead of mailing a copy to that party.
(k) Whether a hearing is held or not, an order issued under this rule shall be the final order of the division and may be appealed to the appropriate district court, as provided in the Utah Administrative Procedures Act.
(3) A request for agency review of a division order must be made in writing within 30 days of the date of the division order to be reviewed, and must be directed to the division director of the Division of Finance, Taylorsville State Office Building, 4315 South 2700 West, Floor 3, Taylorsville, UT 84129-2128.
(4) Any other appeals or requests for review that are allowed by Subsection 63G-4-203, and Subsection 63G-4-103(1)(g), must be made in writing and directed to the division director of the Division of Finance, Taylorsville State Office Building, 4315 South 2700 West, Floor 3, Taylorsville, UT 84129-2128.
KEY: government hearings, finance
Date of Last Change: September 21, 2021
Notice of Continuation: August 5, 2021
Authorizing, and Implemented or Interpreted Law: 63G-4-203