- (1) Discovery is permitted to the extent necessary to obtain relevant information necessary to support claims or defenses, as determined by the hearing officer.
- (2) Unduly burdensome legalistic discovery may not be used to delay a hearing.
(3) A hearing officer may limit discovery:
- (a) at the discretion of the hearing officer; or
- (b) upon a motion by either party.
- (4) A hearing officer rules on all discovery requests and motions.
(5) The Executive Secretary shall issue a subpoena to secure the attendance of a witness pursuant to Subsection 53E-6-606(1) if:
- (a) requested by either party; and
- (b) notice of intent to call the witness has been timely provided as required by Section R277-212-4.
- (6) The Executive Secretary shall issue a subpoena to produce evidence if timely requested by either party.
(7)(a) A party may not present an expert witness report or expert witness testimony at a hearing unless the requirements of Section R277-212-10 have been met.
- (b) A respondent may not subpoena the UPPAC attorney or investigator as an expert witness.
KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)