- (1) To appeal a department action, a respondent shall submit a written appeal to the presiding officer within 30 days of the service date.
(2) The written appeal shall contain the following:
- (a) a statement of grounds for the appeal;
- (b) statement of relief being requested;
- (c) the date on which the appeal is being sent; and
- (d) identification of the department action being appealed.
(3) The Department may take one or more of the following actions upon receipt of a timely appeal;
- (a) hold a hearing;
- (b) engage in settlement negotiations; or
- (c) dismiss or withdraw the violation based on information received in the appeal.
(4) The department designates the following as informal proceedings:
- (a) an action to deny, revoke, suspend, or modify a permit, license, registration, or certification;
- (b) an order of corrective action; or
- (c) a contest of a citation, embargo, or a hold order.
(5) During an informal hearing:
- (a) a party may testify, present evidence, and comment on the issues;
- (b) a party may access relevant information in the department's files, as allowed by law; and
- (c) discovery and intervention by third parties are prohibited, except as provided in Section 63G-4-203.
(6) After the close of an informal hearing, the presiding officer shall issue a signed, written final order that includes:
- (a) the decision and reasons for that decision; and
- (b) a notice of the right to further reconsideration and the applicable time limits.
- (7) A presiding officer shall conduct hearings according to Section 63G-4-203 and may record the proceedings.
- (8) The presiding officer shall promptly serve their final order using a method described in Subsection R51-2-3(4), which starts the 20-day deadline for a request for reconsideration.
KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: December 2, 2021
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203