Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R27. Administrative Services, Fleet Operations.

Rule R27-2. Fleet Operations Adjudicative Proceedings.

As in effect on October 1, 2019

Table of Contents

R27-2-1. Informal Proceedings.

(1) The following categories of proceedings are hereby designated as informal proceedings under the Utah Administrative Procedures Act, Section 63G-4-202:

(a) Determinations regarding operation of Fleet Operations within state government.

(b) Any agency action not exempted under the Administrative Procedures Act, Section 63G-4-102 et seq.

(2) Procedures governing informal adjudicatory proceedings:

(a) No response need be filed to the notice of agency action or request for agency action.

(b) The agency shall hold a hearing only if a hearing is required by statute, or is permitted by statute and a request for agency action, otherwise, at the discretion of the agency head no hearing will be held.

(c) Only the parties named in the notice of agency action or request for agency action will be permitted to testify, present evidence and comment on the issues.

(d) A hearing will be held only after timely notice of the hearing has been given.

(e) No discovery, either compulsory or voluntary, will be permitted except that all parties to the action shall have access to information contained in the agency's files and investigatory information and materials not restricted by law.

(f) No person, as defined in the Utah Administrative Procedures Act, Subsection 63G-4-103(1)(g), may intervene in an agency action unless federal statute or rule requires the agency to permit intervention.

(g) Any hearing held under this rule is open to all parties.

(h) Within thirty days after the close of any hearing held under this rule, or after the failure of a party to request a hearing, the agency head shall issue a written decision stating the decision, the reasons for the decision, notice of right of judicial review, and the time limits for filing an appeal to the appropriate district court.

(i) The agency head's decision shall be based on the facts in the agency file and if a hearing is held, the facts based on evidence presented at the hearing. Decision from the Division may be appealed to the Executive Director of the Department of Administrative Services.

(j) The agency shall notify the parties of the agency order by promptly mailing a copy thereof to each at the address indicated in the file.

(k) Whether a hearing is held or not, an order issued under the provisions of this rule shall be the final order of the agency and may be appealed to the appropriate district court.

KEY

appellate procedures, administrative procedures

Date of Enactment or Last Substantive Amendment

July 15, 1996

Notice of Continuation

November 6, 2015

Authorizing, Implemented, or Interpreted Law

63G-4-102


Additional Information

Contact

For questions regarding the content or application of rules under Title R27, please contact the promulgating agency (Administrative Services, Fleet Operations). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.