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.


R641. Natural Resources; Oil, Gas and Mining Board.

Rule R641-108. Conduct of Hearings.

As in effect on October 1, 2019

Table of Contents

R641-108-1. Conduct of Hearings.

Except as may otherwise be provided by law, hearings before the Board will be conducted as follows:

R641-108-100. Public Hearings.

All hearings before the Board will be open to the public, unless otherwise ordered by the Board for good cause shown. All hearings shall be open to all parties.

101. Full Disclosure. The Board shall regulate the course of the hearing to obtain full disclosure of relevant facts and to afford all the parties reasonable opportunity to present their positions.

R641-108-200. Rules of Evidence.

The Board shall use as appropriate guides the Utah Rules of Evidence insofar as the same may be applicable and not inconsistent with these rules. Notwithstanding this, on its own motion or upon objections of a party, the Board:

201. May exclude evidence that is irrelevant, immaterial, or unduly repetitious.

202. Shall exclude evidence privileged in the courts of Utah.

203. May receive documentary evidence in the form of a copy of excerpt if the copy or excerpt contains all pertinent portions of the original document.

204. May take official notice of any facts that could be judicially noticed under the Utah Rules of Evidence, of the record or other proceedings before the Board, and of technical or scientific facts within the Board's specialized knowledge.

R641-108-300. Testimony.

Testimony presented to the Board in a hearing will be sworn testimony under oath or affirmation.

R641-108-400. Failure to Appear.

When a party to a proceeding fails to appear at a hearing after due notice has been given, the Board may dismiss or continue the matter or decide the matter against the interest of the party who fails to appear.

R641-108-500. Order of Presentation of Evidence.

Unless otherwise directed by the Board at the hearing, the order of procedure and presentation of evidence will be as follows:

510. Hearings upon Petition:

511. Petitioner

512. Respondent, if any

513. Staff

514. Intervenors

515. Rebuttal by Petitioner

520. Hearings upon motion of the Board:

521. Staff

522. Respondent

523. Rebuttal by Staff

R641-108-600. Oral Argument and Briefs.

Upon the conclusion of the taking of evidence, the Board may, in its discretion, permit the parties to make oral arguments or submit additional briefs or memoranda upon a schedule to be designated by the Board.

R641-108-700. Record of Hearing.

The Board will cause an official record of the proceedings to be made in all hearings as follows:

710. The record may be made by means of a certified shorthand reporter employed by the Board or by a party desiring to employ a certified shorthand reporter at its own cost in the event that the Board chooses not to employ the reporter. If a party employs a certified shorthand reporter, the original transcript of the hearing will be filed with the Board. Parties desiring a copy of the certified shorthand reporter's transcript may purchase it from the reporter.

720. The record of the proceedings may also be made by means of a tape recorder or other recording device if the Board determines that it is unnecessary or impracticable to employ a certified shorthand reporter and the parties do not desire to employ a certified shorthand reporter.

730. If the Board deems it unnecessary, it will not have the record of a hearing transcribed unless requested to do so by a party. Whenever a transcript or tape recording of a hearing is made, it will be available at the office of the Board for the use of the parties, but may not be withdrawn therefrom.

R641-108-800. Summons and Fees.

810. Summons. The Board may issue summons on its own motion or upon request of a party for the attendance of witnesses and the production of any pertinent paper, book, record, document, or other evidence.

820. Witness Fees. Each witness who appears before the Board will be entitled to receive the same fees and mileage allowed by law to witnesses in a district court, which amount will be paid by the party at whose request the witness is subpoenaed. Witnesses appearing at the request of the Board will be paid from the funds appropriated for the use of the Board. Any witness summoned by a party other than the Board may, at the time of service of the summons, demand one day's witness fee and mileage in advance and unless such fee is tendered, the witness will not be required to appear.

R641-108-900. Discovery.

Upon the motion of a party and for good cause shown, the Board may authorize such manner of discovery against another party, including the Division or the Staff, as may be prescribed by and in the manner provided by the Utah Rules of Civil Procedure.

KEY

administrative procedure

Date of Enactment or Last Substantive Amendment

1988

Notice of Continuation

June 7, 2017

Authorizing, Implemented, or Interpreted Law

40-6-1 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R641, please contact the promulgating agency (Natural Resources; Oil, Gas and Mining Board). 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.