63G-4-203. Procedures for informal adjudicative proceedings.
- (1) If an agency enacts rules designating one or more categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe procedures for informal adjudicative proceedings that include the following:
- (a) Unless the agency by rule provides for and requires a response, no answer or other pleading responsive to the allegations contained in the notice of agency action or the request for agency action need be filed.
- (b) The agency shall hold a hearing if a hearing is required by statute or rule, or if a hearing is permitted by rule and is requested by a party within the time prescribed by rule.
- (c) In any hearing, the parties named in the notice of agency action or in the request for agency action shall be permitted to testify, present evidence, and comment on the issues.
- (d) Hearings will be held only after timely notice to all parties.
- (e) Discovery is prohibited, but the agency may issue subpoenas or other orders to compel production of necessary evidence.
- (f) All parties shall have access to information contained in the agency’s files and to all materials and information gathered in any investigation, to the extent permitted by law.
- (g) Intervention is prohibited, except that the agency may enact rules permitting intervention where a federal statute or rule requires that a state permit intervention.
- (h) All hearings shall be open to all parties.
- (i) Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed order in writing that states the following:
- (i) the decision;
- (ii) the reasons for the decision;
- (iii) a notice of any right of administrative or judicial review available to the parties; and
- (iv) the time limits for filing an appeal or requesting a review.
- (j) The presiding officer’s order shall be based on the facts appearing in the agency’s files and on the facts presented in evidence at any hearings.
- (k) A copy of the presiding officer’s order shall be promptly mailed to each of the parties.
- (2)
- (a) The agency may record any hearing.
- (b) Any party, at the party’s own expense, may have a reporter approved by the agency prepare a transcript from the agency’s record of the hearing.
- (3) Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.
Renumbered and Amended by Chapter 382, 2008 General Session