34A-1-304. Definitions — Rulemaking — Electronic or similar methods of proceedings.
- (1) For purposes of this section:
- (a) “Deliver” means to serve, file, or otherwise provide a document.
- (b) “Document” includes a notice, order, decision, or other document that is required or permitted by a relevant statute.
- (c) “Relevant statute” means a provision of:
- (i) this title;
- (ii)Title 34, Labor in General, for which the commissioner has regulatory authority;
- (iii)Title 40, Chapter 2, Coal Mine Safety Act; or
- (iv)Title 57, Chapter 21, Utah Fair Housing Act.
- (2)
- (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules governing adjudicative procedures under a relevant statute, including providing the form of a notice and the manner of serving a notice.
- (b) Except as provided in this title and Title 63G, Chapter 4, Administrative Procedures Act, a rule made under this section is not required to conform to common law or statutory rules of evidence or other technical rules of procedure.
- (3) The rules made under this section shall protect the rights of the parties and include procedures to:
- (a) dispose of a case informally or expedite claims adjudication;
- (b) narrow issues; and
- (c) simplify the methods of proof at a hearing.
- (4) The commission may by rule permit a hearing or other adjudicative proceeding to be conducted, recorded, or published by an electronic means or similar method.
- (5) Notwithstanding whether a relevant statute requires that a document be delivered by mail or otherwise, the commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, permit a document to be delivered by electronic means pursuant to the rule.
Amended by Chapter 261, 2011 General Session