ESTABLISH ORDER

CS 372P Administrative Hearings

10/18/82 Revised 08/20/08 Training Complete 08/15/05

UCA 63G-4-203; R527-200

 

Statutory Authority

 

Utah Code Annotated 63G-4-203.   Procedures for informal adjudicative proceedings states as follows:
    “(1) If an agency enacts rules designating one or more categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall, by rule, prescribe procedures for informal adjudicative proceedings that include the following:
     (a) Unless the agency by rule provides for and requires a response, no answer or other pleading responsive to the allegations contained in the notice of agency action or the request for agency action need be filed.
     (b) The agency shall hold a hearing if a hearing is required by statute or rule, or if a hearing is permitted by rule and is requested by a party within the time prescribed by rule.
     (c) In any hearing, the parties named in the notice of agency action or in the request for agency action shall be permitted to testify, present evidence, and comment on the issues.
     (d) Hearings will be held only after timely notice to all parties.
     (e) Discovery is prohibited, but the agency may issue subpoenas or other orders to compel production of necessary evidence.
     (f) All parties shall have access to information contained in the agency's files and to all materials and information gathered in any investigation, to the extent permitted by law.
     (g) Intervention is prohibited, except that the agency may enact rules permitting intervention where a federal statute or rule requires that a state permit intervention.
     (h) All hearings shall be open to all parties.
     (i) Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed order in writing that states the following:
     (i) the decision;
     (ii) the reasons for the decision;
     (iii) a notice of any right of administrative or judicial review available to the parties; and
     (iv) the time limits for filing an appeal or requesting a review.
     (j) The presiding officer's order shall be based on the facts appearing in the agency's files and on the facts presented in evidence at any hearings.
     (k) A copy of the presiding officer's order shall be promptly mailed to each of the parties.
     (2) (a) The agency may record any hearing.
     (b) Any party, at his own expense, may have a reporter approved by the agency prepare a transcript from the agency's record of the hearing.
     (3) Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.”

 

The Office of Administrative Hearings (OAH) conducts hearings on a referral basis in adjudicative proceedings initiated by the Office of Recovery Services/ Child Support Services (ORS/CSS).  By forwarding a Request for Hearing to the OAH, CSS transfers responsibility to the OAH to appoint an Administrative Hearing Officer (AHO) or an Administrative Law Judge (ALJ) to act as Presiding Officer at an administrative hearing and CSS employees return to an advocate role.  Once a hearing request has been forwarded to OAH, it is no longer appropriate for the agent or senior agent/former Presiding Officer to finalize a stipulation with the respondents.  If the respondents wish to stipulate after the OAH request, the Presiding Officer appointed by OAH must approve any stipulations either by telephone with all parties participating prior to the hearing, or at the time of the hearing.

 

An “Administrative Hearing Checklist” with appropriate accompanying documents must be attached to the hearing request that is sent to OAH.

 

During the hearing, the AHO or ALJ will generally only address the disputed items from the NAA.  Therefore, the CSS agent presenting evidence at the hearing must ask the AHO or ALJ to include all provisions listed in the NAA in the final order issued by OAH.  Everything requested in the NAA should be included in the OAH order, even if it was not disputed.

 

Once the final order is received from OAH, enter the order information on the Utah State Case Registry, which is ORSIS.

 

Paternity Cases

 

CSS does not refer cases to the OAH for a hearing when paternity is an issue, even if something other than paternity is in dispute.  Do not forward a hearing request to OAH when paternity has not yet been established.  Instead, dismiss the Notice of Agency Action (NAA) and proceed judicially on the case by referring the case to the Attorney General’s Office (AGO).  The AGO will ask the court to address paternity, child support, and other issues.