1. (1) Unless the hearing is scheduled exclusively as an electronic hearing, a party wishing to appear remotely must notify the Executive Secretary no less than 24 hours before the hearing.

   1. (a) If participating remotely, cameras must be on.
2. (2) A party to an appeal before the Director, including any intervening party, shall submit all materials to be considered at the hearing no later than five business days before the hearing.
3. (3) The Director may set the time limit for the parties to present their cases pursuant to Subsection 63G-2-403(8). Ordinarily, the parties' presentations will be limited to 5 minutes. Each party shall be allowed equal time to present arguments and make rebuttal statements.

4. (4)(a) The petitioner's and governmental entity's presentations may consist of relevant testimony, argument, or evidence.

   1. (b) Witnesses providing testimony shall be sworn in.

5. (5)(a) The Director can continue a hearing and require the governmental entity to provide disputed records to be reviewed in camera after the hearing.

   1. (b) Records provided by the governmental entity for in camera review by the Director remain in the custody of the

      governmental entity. Records for in camera review are retained by the Director for only the period of in camera review and are

      returned to the governmental entity or destroyed, provided they are not the record copy, at the conclusion of the in camera

      review.

6. (6) At any time, the Director may adjourn, reschedule, continue, or reopen a hearing.
7. (7) Except as expressly authorized by law, there shall be no communication between the parties and the Director concerning the subject matter of the appeal before the hearing or before the issuance of an Order. Any other oral or written communication from the parties to the Director, or from the Director to the parties, shall be directed to the Executive Secretary for transmittal.
8. (8) If a party improperly discloses a mediation communication in violation of Title 78B, Chapter 10, Utah Uniform Mediation Act, the information may not be relied upon by the Director in reaching a decision.
9. (9) If the Director determines at any time before, or during a hearing, that a necessary party must either be added as a party to the appeal or otherwise be present or testify, the Director may continue the hearing to a later date, if necessary, and compel the party's attendance by way of a subpoena.
10. (10) Nothing in this section precludes the Director from taking appropriate measures necessary to maintain the order and integrity of the hearing.

11. (11) A hearing to consider a vexatious requester petition under Section 63G-2-209 may be closed to the public if the Director determines the information being presented should be non-public.

    1. (a) Any closed portion of the hearing shall be recorded; and
    2. (b) the recording shall be a protected record as outlined in Subsection 52-4-206(5).

KEY: government records office, records appeal hearings, government documents, vexatious requester hearings

Date of Last Change: November 7, 2025

Authorizing, and Implemented or Interpreted Law: 63A-12-203; 63G-2-403; 63G-2-209