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[Utah Administrative Code Table of Contents]
[Title R029. Table of Contents]
R29-1-1 Purpose.
Any adjudicative proceedings initiated according to the Utah Administrative Procedures Act, Section 63-46b-4 , which fall under the jurisdiction of the Division of Information Technology Services are designated as informal proceedings.
R29-1-2 Authority.
Chapter 46b of Title 63, Utah Administrative Procedures Act, requires this rule. It is enacted under the authority of Section 63A-1-110.
R29-1-3 Definitions.
The terms used in this rule are defined in Section 63-46b-2. In addition, "division" means the Division of Information Technology Services, and "department" means the Department of Administrative Services.
R29-1-4 Informal Procedures.
All matters subject to Title 63, Chapter 46b over which the division has jurisdiction shall be informally adjudicated. The director of the division or his or her designee shall be the presiding officer over any proceeding. The following procedures shall be followed:
A. No response need be filed to the notice of division action ("Notice") or request for division action ("Request").
B. The division shall hold a hearing only if: (1) a hearing is required by statute, or (2) a hearing is permitted by statute and a request for hearing is made within ten days after receipt of the Notice or Request. Otherwise, at the discretion of the division director, no hearing will be held.
C. Any hearing shall be open to all parties and held only after timely notice is given.
D. Only parties named in the Notice or Request shall be permitted to testify, present evidence, and comment on the issues.
E. No discovery, either compulsory or voluntary, shall be permitted. All parties to any action shall have access to information not restricted by law contained in the division's files or any investigatory information or materials.
F. No person (as defined in Administrative Procedures Act, Section 63-46b-2 (g)) may intervene in a division action unless federal statute or rule requires the division to allow intervention.
G. Within 30 days after the close of any hearing held under this rule, the division director shall issue a written decision. This decision shall state the reasons for the decision and include a notice of right of administrative review or appeal at the department level.
H. The division director's decision shall be based on the facts in the agency file and on evidence presented at the hearing, if held.
I. The division shall notify the parties of the division director's decision by promptly mailing a copy to each party at the address shown in the file.
J. An order issued under the provisions of this rule shall be the final order of the division and may be appealed to the department head.
R29-1-5 Appeals Procedure.
A. A written petition from the appealing party to the division director shall initiate an appeal.
B. The division director shall review the issue and respond to the appealing party within 20 days. Conferences may be held to discuss the issue before a written response is given.
C. The appealing party may appeal the decision of the division director to the department director. All appeals must be in writing. If the department director does not respond within 30 days, the appeal is deemed denied.
[Indexing]
KEY: information technology*, appellate procedures
1992
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
63-46b-4
63A-1-110
Notice of Continuation July 29, 1996
