In formal adjudicative proceedings:
| (1) |
Within a reasonable time after the hearing, or after the filing of any posthearing documents permitted by the presiding officer, or within the time required by any applicable statute or rule of the agency, the presiding officer shall sign and issue an order that includes:
Terms Used In Utah Code 63G-4-208- 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
- 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.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Presiding officer: means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding. See Utah Code 63G-4-103
- Statute: A law passed by a legislature.
| (a) |
a statement of the presiding officer’s findings of fact based exclusively on the evidence of record in the adjudicative proceedings or on facts officially noted; |
| (b) |
a statement of the presiding officer’s conclusions of law; |
| (c) |
a statement of the reasons for the presiding officer’s decision; |
| (d) |
a statement of any relief ordered by the agency; |
| (e) |
a notice of the right to apply for reconsideration; |
| (f) |
a notice of any right to administrative or judicial review of the order available to aggrieved parties; and |
| (g) |
the time limits applicable to any reconsideration or review. |
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| (2) |
The presiding officer may use the presiding officer’s experience, technical competence, and specialized knowledge to evaluate the evidence. |
| (3) |
A finding of fact that was contested may not be based solely on hearsay evidence unless that evidence is admissible under the Utah Rules of Evidence. |
| (4) |
This section does not preclude the presiding officer from issuing interim orders to:
| (a) |
notify the parties of further hearings; |
| (b) |
notify the parties of provisional rulings on a portion of the issues presented; or |
| (c) |
otherwise provide for the fair and efficient conduct of the adjudicative proceeding. |
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Renumbered and Amended by Chapter 382, 2008 General Session
