| (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.
| (a) |
Informal adjudicative proceedings shall be conducted by the division under this chapter and shall be referred to as conferences or informal conferences. |
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| (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. |
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| (b) |
Hearings under this chapter shall be conducted in a manner which guarantees the parties’ due process rights. This includes:
| (i) |
the right to examine any evidence presented to the board; |
| (ii) |
the right to cross-examine any witness; and |
| (iii) |
a prohibition of ex parte communication between any party and a member of the board. |
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| (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. |
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Amended by Chapter 382, 2008 General Session
