| (1) |
The agency may, by rule, designate categories of adjudicative proceedings to be conducted informally according to the procedures set forth in rules enacted under the authority of this chapter if:
Terms Used In Utah Code 63G-4-202- Adjudicative proceeding: means an agency action or proceeding described in Section 63G-4-102. See Utah Code 63G-4-103
- Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
- Statute: A law passed by a legislature.
| (a) |
the use of the informal procedures does not violate any procedural requirement imposed by a statute other than this chapter; |
| (b) |
in the view of the agency, the rights of the parties to the proceedings will be reasonably protected by the informal procedures; |
| (c) |
in the view of the agency, the agency’s administrative efficiency will be enhanced by categorizations; and |
| (d) |
the cost of formal adjudicative proceedings outweighs the potential benefits to the public of a formal adjudicative proceeding. |
|
| (2) |
Subject to the provisions of Subsection (3), all agency adjudicative proceedings not specifically designated as informal proceedings by the agency’s rules shall be conducted formally in accordance with the requirements of this chapter. |
| (3) |
Any time before a final order is issued in any adjudicative proceeding, the presiding officer may convert a formal adjudicative proceeding to an informal adjudicative proceeding, or an informal adjudicative proceeding to a formal adjudicative proceeding if:
| (a) |
conversion of the proceeding is in the public interest; and |
| (b) |
conversion of the proceeding does not unfairly prejudice the rights of any party. |
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Renumbered and Amended by Chapter 382, 2008 General Session
