1. (1)(a) Unless otherwise specified in rule, the respondent to a notice of agency action or request for agency action may file an answer or responsive pleading to any allegation contained in the notice of agency action or the request for agency action within 15 calendar days following receipt of the notice of agency action or request for agency action.

   1. (b)(i) An attorney or non-attorney may represent a party.

      1. (ii) The office or agency may not pay for the attorney or non-attorney.
   2. (c) Discovery is prohibited, but the office may issue a subpoena or other order to compel the production of necessary evidence.

   3. (d)(i) An attorney may issue a subpoena for necessary evidence.

      1. (ii) A party who is not represented by an attorney may request a subpoena from the office.
      2. (iii) When the presiding officer issues a subpoena to a party, the party shall serve that subpoena on the witness.

   4. (e)(i) A party shall request a subpoena as soon as possible after a hearing date is set.

      1. (ii) The office may not issue a subpoena fewer than 16 calendar days before the hearing.
   5. (f) Each party shall have access to information contained in the agency's files and to materials and information gathered in any investigation to the extent permitted by law.
   6. (g) The office may require that each party exchange documents before the hearing to expedite the hearing process.

   7. (h) Intervention is prohibited, except as permitted by federal statute or rule requiring a state to permit intervention.

      1. (i)(i) The office shall hold a hearing for any requesting party entitled to request a hearing as a matter of law.
      2. (ii) In the hearing, the presiding officer shall take testimony under oath or affirmation.
      3. (iii) In the hearing, each party shall be permitted to comment on any issue, present evidence, and testify.
      4. (l) Each party may offer any relevant evidence, including hearsay evidence.
      5. (i) A claimant may not base a case exclusively on inadmissible hearsay.
      6. (ii) A claimant shall present a residuum of evidence that would be admissible under the rules of procedure with the applicable court of competent jurisdiction.
   8. (m) The presiding officer may exclude immaterial, irrelevant, and unduly repetitious evidence.
   9. (n) The presiding officer may question any party or witness.

   10. (o) The presiding officer shall maintain order and may recess the hearing to regain order if a person engages in disorderly, disrespectful, or disruptive conduct.

       1. (i) The presiding officer may remove any person, including a party, from the hearing to maintain order.

       2. (ii) If a person shows persistent disregard for order and procedure, the presiding officer may:

          1. (A) restrict the person's participation in the hearing;
          2. (B) strike pleadings or evidence; or
          3. (C) issue an order of default.
   11. (p) When a party possesses but fails to introduce certain evidence, the presiding officer may infer that the evidence does not support the party's position.
   12. (q) The presiding officer may issue an order of default against any party that fails to appear, participate, or obey an order entered by the presiding officer.
   13. (r) The office shall hold hearings only after a timely notice has been mailed to each party.
   14. (s) Within a reasonable time after the close of the hearing, or after the party's failure to request a hearing within the time prescribed by the agency's rules, the presiding officer shall issue a signed order in writing that conforms to Subsection 63G-4-203(1)(i).

   15. (t)(i) Hearings shall be open to the parties.

       1. (ii) Hearings may not be open to the public.

   16. (u) The presiding officer shall base an order on the facts appearing in the agency's files that were available to the other party and on the facts presented in evidence at the hearings.

       1. (v) The office shall promptly mail a copy of the presiding officer's order to each party.

   17. (w) An AI bot, computer, or program may not appear, dictate, listen to, record, or summarize any adjudicative proceeding or hearing under this rule.

       1. (x) If a party sends an AI bot, computer, or program to appear at a hearing instead of the party, the presiding officer:
       2. (i) shall consider this a failure to appear on the part of the party; and
       3. (ii) may issue an order of default against the party under the relevant default provisions of Title 63G, Chapter 4, Administrative Procedures Act.

2. (2) A transcript of the record may be prepared pursuant to Subsection 63G-4-203(2)(b).

   1. (i) The presiding officer may record any adjudicative proceeding other than a hearing at the presiding officer's own discretion.

      1. (ii) If a party desires to employ a court reporter to make a record of the hearing, the party must file an original transcript of the hearing with the presiding officer at no cost to the agency.
3. (3) When the agency commences an informal adjudicative proceeding and is to be heard by the office, unless statute or agency rule specify otherwise, the agency shall have the burden of proving, by a preponderance of the evidence, that the agency's decision was reasonable. The agency may demonstrate this by showing that the agency's decision was not arbitrary or capricious.

4. (4) A party shall mail a copy of any motion or pleading that the party files with the office to each of the other parties named in the action.

   1. (a) The non-moving party shall:

      1. (i) unless the office dictates otherwise, file any response to a motion or pleading filed with the office within ten calendar days; and
      2. (ii) mail a copy of that response to each of the other parties named in the action.
   2. (b) Any motion or pleading received by the office after the regular business hours of Monday through Friday, 8 a.m. to 5 p.m., excluding state holidays, is considered received the following business day.

5. (5) Ex parte communication with the presiding officer is prohibited unless every other party to the case has been given notice and the opportunity to be present.

   1. (i) This prohibition against ex parte communication does not apply to communication on the status of the hearing and uncontested procedural matters.

      1. (ii) The presiding officer shall report any improper ex parte communication at the time of the hearing, and the presiding officer's report shall be made part of the record.
6. (6) Each party shall keep the office informed of the party's current address, email address, and telephone number.

In compliance with Section 63G-4-203, the procedure for an informal adjudicative proceeding is:

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)