Utah Code 40-10-6.7. Administrative procedures
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(1)
Terms Used In Utah Code 40-10-6.7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1)(a) Informal adjudicative proceedings shall be conducted by the division under this chapter and shall be referred to as conferences or informal conferences.
(1)(b) The conduct of conferences shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act .
(2)
(2)(a)
(2)(a)(i) Formal adjudicative proceedings shall be conducted by the division or board under this chapter and shall be referred to as hearings or public hearings.
(2)(a)(ii) The conduct of hearings shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act .
(2)(b) Hearings under this chapter shall be conducted in a manner which guarantees the parties’ due process rights. This includes:
(2)(b)(i) the right to examine any evidence presented to the board;
(2)(b)(ii) the right to cross-examine any witness; and
(2)(b)(iii) a prohibition of ex parte communication between any party and a member of the board.
(2)(c) A verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the board.