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.


R51. Agriculture and Food, Administration.

Rule R51-2. Administrative Procedures for Informal Proceedings Before the Utah Department of Agriculture and Food.

As in effect on October 1, 2019

Table of Contents

R51-2-1. Authority.

A. These rules establish and govern the administrative proceedings before the Utah Department of Agriculture and Food, as required by Sections 63G-4-203 and 4-1-3.5.

B. These rules govern all adjudicative proceedings commencing on or after January 1, 1988. Adjudicative proceedings commencing prior to January 1, 1988, are governed by procedures presently in place.

R51-2-2. Designation of Formal and Informal Proceedings.

A. Emergency Orders: The Department may issue an order on an emergency basis without complying with these rules under the circumstances and procedures set forth in Section 63G-4-502.

B. All adjudicative proceedings of the Utah Department of Agriculture and Food here designated will be conducted as informal proceedings including the following, under the Utah Agricultural Code, Title 4:

1. Applications for permits, licenses, or certifications which include:

Produce Dealer

Dealer's Agent

Broker/Agent

Produce Broker

Livestock Dealer

Livestock Dealer/Agent

Livestock Auction Market

Auction Weighperson

Temporary Livestock Sale

Manufacturers of Bedding or Upholstered Furniture

Wholesale Dealer

Supply Dealer

Manufacturers of Quilted Clothing

Upholsterer With Employees

Upholsterer Without Employees

Test Milk For Payment

Operate Milk Manufacturing Plant

Make Butter

Haul Farm Bulk Milk

Make Cheese

Operate a Pasteurizer

Operate a Milk Processing Plant

Weighing and Measuring Devices/Individual Servicemen

Weighing and Measuring Devices/Agency

Nursery

Nursery Agent

Nursery Outlet

Commercial Feed

Custom Mixing of Feeds

Pesticide Product Registration

Pesticide Dealers

Pesticide Applicators

Fertilizer Registration

Fertilizer Blenders

Beekeepers

Salvage Wax

Control Atmosphere

Farm Custom Slaughter

Feed Garbage To Swine

Operate Hatchery

Meat Packing Plant

Custom Exempt Plant

Custom Slaughter Plant

Horse Show and Seasonal Permits

Cattle Show and Seasonal Permits

Lifetime Horse Permit

Lifetime Transfer Horse Permit

Brand Recording

Brand Transfer

Brand Renewal

2. Actions contesting initial agency determinations of eligibility for any of the permits, licenses, or certifications listed in R51-2-2(B)(1).

3. All adjudicative proceedings to deny, revoke, suspend, modify, annul, withdraw or amend any permit, license, or certification listed in R51-2-2(B)(1).

4. All adjudicative proceedings commenced pursuant to any notice of violation or order for corrective action outlined in 4-2-12 or 4-2-2.

5. All categories not designated as formal will be conducted as informal proceedings.

R51-2-3. Definitions.

A. "Adjudicative Proceeding" means a department action or proceeding that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including all Department actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend the authority, right, or license; and judicial review of all actions. Any matters not governed by Title 63G, Chapter 4 shall not be included within this definition.

B. "Department" means the Utah Department of Agriculture and Food.

C. "Staff" means the Utah Department of Agriculture and Food staff.

D. "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food.

E. "Person" means an individual group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivisions or its units, public or private organization or entity of any character, or other agency.

F. "Presiding Officer" means the Commissioner or an individual or body of individuals designated by the Commissioner, by the Department's rules, or by statute to conduct a particular adjudicative proceeding.

G. "Party" means the Department or other person commencing an adjudicative proceeding, all respondents, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding.

H. "Respondent" means any person against whom an adjudicative proceeding is initiated, whether by the Department or any other person.

I. "Application" means any application for a license, permit or certification.

J. "Applicant" is a person filing an application.

K. The meaning of any other words used herein relating to agriculture shall be as defined in Title 4, or any rules promulgated thereunder.

R51-2-4. Construction.

A. These rules shall be construed in accordance with Title 63G, Chapter 4.

B. These rules shall be liberally construed to secure just, speedy, and economical determination of all issues presented to the Department.

C. Deviation from Rules

The Department may permit a waiver from these rules if:

1. The waiver is not precluded by statute;

2. No party will be prejudiced by the waiver;

3. When no health hazard will result; and

4. The Department determines that it would be in the best interest or temporary convenience of the State.

D. Computation of Time

All adjudicative proceedings commenced by this rule and which incorporate a time frame, shall have the time frame measured in calendar days. The time frame shall be measured by excluding the first day and including the last, unless the last day is a Saturday, Sunday or State holiday, and then it is excluded and the period runs until the end of the next day which is neither a Saturday, Sunday nor State holiday.

R51-2-5. Commencement of Proceedings.

A. Proceedings commenced by the Department.

All informal adjudicative proceedings commenced by the Department shall be initiated as provided by applicable statute, and Section 63G-4-201(3)(a).

B. Proceedings Commenced by Persons Other Than the Department.

All informal adjudicative proceedings commenced by persons other than the Department shall be commenced by submitting in writing a request for agency action in accordance with Section 63G-4-201(3).

R51-2-6. Hearings.

A. The Department or a presiding officer shall hold a hearing if a hearing is required by statute, or if a hearing is permitted by statute and is requested by a party within 30 days of the commencement of the adjudicative proceeding. The Department or a presiding officer may at their discretion initiate a hearing to determine matters within their authority.

B. Notice of the hearing shall be mailed to all parties by regular mail at least ten days prior to the hearing.

C. If no hearing is held in a particular adjudicative proceeding, the presiding officer shall within a reasonable time issue a decision pursuant to Section 63G-4-203(1)(i).

R51-2-7. Intervention.

Intervention is prohibited except where a federal statute or rule requires that a state permit intervention.

R51-2-8. Pre-hearing Procedure.

The presiding officer may, upon written notice to all parties of record, hold a pre-hearing conference for the purposes of formulating or simplifying the issues, obtaining admissions of fact and of documents which will avoid unnecessary proof, arranging for the exchange of proposed exhibits, and agreeing to other matters as may expedite the orderly conduct of the proceedings or the settlement thereof.

R51-2-9. Continuance.

If application is made to the presiding officer within a reasonable time prior to the date of hearing, upon proper notice to the other parties, the presiding officer may grant a continuance of the hearing.

R51-2-10. Parties to a Hearing.

A. All persons defined as a "party" are entitled to participate in hearings before the Department.

B. All parties shall be entitled to introduce evidence, examine and cross-examine witnesses, make arguments, and fully participate in the proceeding. The presiding officer can, for good cause, limit evidence, examination, and cross examination of witnesses and arguments.

R51-2-11. Appearances and Representation.

A. Taking Appearances

Parties shall enter their appearances at the beginning of a hearing or at a time as may be designated by the presiding officer by giving their names and addresses and stating their positions or interests in the proceeding.

B. Representation of Parties

1. An individual who is a party to a proceeding, or an officer designated by a partnership, corporation, association or governmental subdivision or agency which is a party to a proceeding, may represent interest in the proceeding.

2. Any party may be represented by an attorney licensed to practice in the State of Utah.

R51-2-12. Testimony, Evidence and Argument.

A. Testimony

At the hearing, the presiding officer shall accept oral or written testimony from any party. Further, the presiding officer shall have the right to question and examine any witnesses called to present testimony at a hearing.

B. Order of Presentation of Evidence

Unless otherwise directed by the presiding officer at a hearing, the presentation of evidence shall be as follows:

1. When agency action is initiated by a person other than the Department:

a. the applicant,

b. respondent,

c. staff.

2. When the Department initiates agency action:

a. staff,

b. respondent,

c. other interested parties.

During any hearing a party may offer rebuttal evidence.

C. Rules of Evidence

A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial and unduly repetitious evidence shall be excluded. The weight to be given to evidence shall be determined by the presiding officer. Any relevant evidence may be admitted if it is the type of evidence commonly relied upon by prudent persons in the conduct of their affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible in a judicial proceeding.

D. Documentary Evidence

Duplicate copies may be received as documentary evidence. However, upon request, parties shall be given an opportunity to compare the copy with the original, if available.

R51-2-13. Decisions and Orders.

A. Report and Order

After the presiding officer has reached a final decision upon any adjudicative proceeding, he shall make and enter a signed order in writing that states the decision, the reasons for the decision, a notice of the rights of the parties to request Department reconsideration or judicial review, as appropriate, and notice of the time limits for filing a request for reconsideration or a judicial review. The order shall be based on the facts appearing in any of the Department's files and on the facts presented in evidence at any hearings.

B. Service of Decisions

A copy of the presiding officer's order shall be promptly mailed by regular mail to each of the parties.

R51-2-14. Request for Reconsideration.

A. Who may file

Within ten days after the date that an order on review is issued, any aggrieved party may file a request for reconsideration by following the procedures of Section 63G-4-302 and the following additional rules. A request is not a prerequisite for judicial review.

B. Action on the Request.

The Commissioner shall issue a written order granting or denying the request for reconsideration. If an order is not issued within 20 days after the filing of the request, the request for rehearing shall be considered denied. Any order granting rehearing shall be strictly limited to the matter specified in the order.

KEY

government hearings, appellate procedures

Date of Enactment or Last Substantive Amendment

1988

Notice of Continuation

January 3, 2017

Authorizing, Implemented, or Interpreted Law

4-1-3.5; 63G-4-203


Additional Information

Contact

For questions regarding the content or application of rules under Title R51, please contact the promulgating agency (Agriculture and Food, Administration). 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.