1. (1) An adjudicative proceeding shall commence by either:

   1. (a) a notice of agency action, if the adjudicative proceeding is commenced by the agency; or
   2. (b) a request for agency action, if other persons commence the adjudicative proceeding.

2. (2) When an adjudicative proceeding is commenced by the agency, the notice of agency action shall conform to Subsection 63G-4-201(2) and include a statement that:

   1. (a) the adjudicative proceeding is to be conducted informally; and
   2. (b) describes the aggrieved person's right to request a hearing and the applicable time limits within which the aggrieved person shall request a hearing.
3. (3) When an adjudicative proceeding is commenced by a person other than the agency, the request for agency action shall conform to Subsections 63G-4-201(3)(a) through 63G-4-201(3)(b) and include the name of the adjudicative proceeding, if known.

4. (4) In the case of an adjudicative proceeding commenced under Subsection (3), the presiding officer shall, within 20 calendar days, give written notice by mail to each party. The notice shall:

   1. (a) designate that the presiding officer shall conduct the hearing informally;
   2. (b) give the name, title, mailing address, and telephone number of the presiding officer;
   3. (c) give the agency's file number or other reference number;
   4. (d) give the name of the proceeding;
   5. (e) if a hearing is required by statute or rule, or if a hearing is permitted by rule and may be requested by a party within the time prescribed by rule, state each party's right to request a hearing and the time within which a hearing may be requested under agency rule; and
   6. (f) if a hearing is to be held in an informal adjudicative proceeding, state the time and place of any scheduled hearing, the purpose for which the hearing is to be held, and that a party who fails to attend or participate in the hearing may be held in default.

KEY: administrative procedures, social services

Date of Last Change: September 19, 2025

Notice of Continuation: June 17, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202(1); 26B-1-204(1)