DAR File No. 32587

Public Safety, Driver License

R708-14

Adjudicative Proceedings for Driver License Actions Involving Alcohol and Drugs

NOTICE OF PROPOSED RULE

DAR File No.: 32587
Filed: 04/29/2009, 05:10
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures to be used by the Utah Driver License Division for alcohol and/or drug adjudicative proceedings.

Summary of the rule or change:

In the past, hearing procedures were held in the county in which the offense occurred. To serve the public more efficiently, hearing procedures can also be held in a County which is adjacent to the county in which the offense occurred.

State statutory or constitutional authorization for this rule:

Section 53-3-216

Anticipated cost or savings to:

the state budget:

Does not apply, because the change made to the existing section does not affect the state budget.

local governments:

Does not apply, because the change made to the existing rule does not affect local government.

small businesses and persons other than businesses:

Does not apply, because the change made to the existing rule does not affect small businesses.

Compliance costs for affected persons:

None--The change made to the existing rule applies to locations rather than expenses.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on businesses because of these changes. Lance Davenport, Commisioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

Direct questions regarding this rule to:

Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/19/2009

This rule may become effective on:

06/29/2009

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-14. Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs.

R708-14-8. Hearing Procedures.

(1) Time and place. Alcohol/drug adjudicative proceedings will be held in the county of arrest or a county which is adjacent to the county in which the offense occurred, at a time and place designated by the division, or agreed upon by the parties.

(2) Notice. Notice shall be given as provided in Subsection 53-3-216[(3)](4) unless otherwise agreed upon by the parties. Notice shall be given on a form approved by the division and is deemed to be signed by the presiding officer. The notice need only inform the parties as to the date, time, place, and basic purpose of the proceeding. The parties are deemed to have knowledge of the law.

(3) Default. If the driver fails to respond timely to a division request or notice, a default may be entered in accordance with Section 63G-4-209.

(4) Evidence. The parties and witnesses may testify under oath, present evidence, and comment on pertinent issues. The presiding officer may exclude irrelevant, repetitious, immaterial, or privileged information or evidence. The presiding officer may consider hearsay evidence and receive documentary evidence, including copies or excerpts.

(5) Information. The driver shall have access to information in the division file to the extent permitted by law.

(6) Subpoenas. Discovery is prohibited, but the division may issue subpoenas or other orders to compel production of necessary evidence. Subpoenas may be issued by the division at the request of the driver if the costs of the subpoenas are paid by the driver and will not delay the proceeding.

(7) Administrative notice. The presiding officer has discretion to take administrative notice of records, procedures, rules, policies, technical scientific facts within the presiding officer's specialized knowledge or experience, or of any other facts that could be judicially noticed.

(8) Presiding officer. The presiding officer may:

(a) administer oaths;

(b) issue subpoenas;

(c) conduct prehearing conferences by telephone or in person to clarify issues, dispose of procedural questions, and expedite the hearing;

(d) tape record or take notes of the hearing at his/her discretion;

(e) take appropriate measures to preserve the integrity of the hearing; and

(f) conduct hearings in accordance with division policy III-A-3, III-A-4, and III-A-5.

 

R708-14-9. Findings, Conclusions, Recommendations and Orders.

(1) Within a reasonable period of time after the close of the hearing, the presiding officer will issue a written decision that may include findings of fact, conclusions of law, and a recommendation.

(2) Statements reflecting findings of fact, conclusions of law, and recommendation may be written on forms that utilize a system of check boxes and fill in blanks. The completed form will be transmitted to the presiding officer's supervisor as soon as possible for the preparation of an order that complies with Subsection 63G-4-203(1)(i).

(3) As provided in Subsection 53-3-216[(3)](4), the order will be mailed to the last known address of the driver.

(4) The order shall advise the driver of his/her right to seek a copy of written findings, conclusions, and recommendation of the presiding officer, and these will be made available to the driver only upon written request.

 

KEY: adjudicative proceedings

Date of Enactment or Last Substantive Amendment: [February 1, 2000]2009

Notice of Continuation: March 2, 2007

Authorizing, and Implemented or Interpreted Law: 53-3-104; 63G-4-203(1)