1. (1) When an agency commences an informal adjudicative proceeding, if statute or agency rule does not provide otherwise, a party may request a hearing within 15 calendar days of receipt of the notice of agency action.
2. (2) An agency shall promptly forward hearing requests to the office, unless statute or rule designates another presiding officer.
3. (3) In the case of a hearing commenced under Subsection (1), a party who fails to request a hearing within 15 calendar days of receipt of the notice of agency action may not have the right to an administrative hearing or judicial review of the agency action, unless the party can demonstrate, by a preponderance of the evidence, that it was virtually impossible or unreasonably burdensome to file the request within 15 calendar days.

4. (4)(a) If an aggrieved person requests a hearing and if there is a disputed issue or fact, the presiding officer may hold an informal hearing in connection with an agency action.

   1. (b)(i) If there is no disputed issue of fact, the presiding officer may deny a request for a hearing and issue a decision without a hearing, based on the record.

      1. (ii) In the decision, the presiding officer shall specifically set out any material and relevant facts that are not in dispute.
      2. (iii) If the aggrieved person objects to the denial of a hearing, that person may raise that objection as grounds for relief in a request for agency review pursuant to Section 63G-4-301 and Section R497-100-12.

5. (5)(a) There is no disputed issue of fact if every material fact the agency relied upon in taking the adverse action or in obtaining the relief sought in the adjudicative proceeding is established by:

   1. (i) the aggrieved person's own acknowledgment or admission;

      1. (ii) an adjudication from a court of competent jurisdiction; or
      2. (iii) a record submitted by either party if the aggrieved person does not challenge the record's accuracy.
   2. (b) When the reasonableness of the agency's action is the primary issue under consideration, rather than whether there is a factual basis for the agency's action, the issue of reasonableness remains in dispute even if there is no dispute as to any underlying material fact that resulted in the agency's action.

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)