1. (1) Under Section 63G-4-203, a hearing is not required for Division informal adjudicative proceedings unless:

   1. (a) required by statute or rule; or
   2. (b) permitted by rule and requested by a party within the time prescribed by rule.

2. (2) Under Subsection 63G-4-203(1)(b) and Section R151-4-702, unless otherwise provided by statute or rule, a request for an evidentiary hearing to which a person is permitted or entitled by statute or is permitted by rule shall be received by the Division in writing no later than:

   1. (a) the time period for filing a response to the notice of agency action, if a response is required or permitted;
   2. (b) twenty days following the issuance of the notice of agency action, if a response is not required or permitted;
   3. (c) the filing of the request for agency action, if the proceeding was commenced by a person other than the Division;
   4. (d) for a request for a citation hearing, within 20 days from the service of the citation; or
   5. (e) for a request for a postrevocation hearing under Subsection 58-1-301.5(8), within the time period in Subsection R156-46b-203(2)(a) for filing a response to the notice to the person that the license or registration is immediately and automatically revoked.
3. (3) An evidentiary hearing is permitted for an informal adjudicative proceeding under Subsection R156-46b-202(1)(g), citation hearings.
4. (4) An evidentiary hearing is required for an informal adjudicative proceeding under Subsections 58-4a-107(2)(b) and R156-46b-201(2)(e) to determine whether the Division should terminate a licensee's Utah Professionals Health Program program contract or diversion agreement.

5. (5)(a) Unless otherwise agreed by the parties, an evidentiary hearing may not be held in an informal adjudicative proceeding unless timely notice of the hearing has been served upon the parties as required by Subsection 63G-4-203(1)(d).

   1. (b) Unless otherwise provided by statute or rule, timely notice means service of a notice of hearing upon the parties at least ten days before the scheduled evidentiary hearing.

KEY: administrative procedures, government hearings, occupational licensing, professional licensing

Date of Last Change: March 24, 2026

Notice of Continuation: October 22, 2025

Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)