1. (1) In an adjudicative proceeding initiated by a notice of agency action, a hearing request shall be referred to the presiding officer appointed to conduct the hearing.
2. (2) The presiding officer shall give timely notice of the date and time of the hearing to each party.

3. (3)(a) Before granting a hearing in a referred case, the presiding officer appointed to conduct the hearing may decide whether the respondent raises a genuine issue as to a material fact.

   1. (b) If the presiding officer determines there is no genuine issue as to a material fact, the presiding officer may deny the request for hearing and close the adjudicative proceeding.
4. (4) The respondent may object to the denial of a hearing as grounds for relief in a request for reconsideration.

5. (5) There is no genuine issue as to a material fact if:

   1. (a) the evidence gathered by the office and the evidence presented for acceptance by the respondent are sufficient to establish the obligation of the respondent under applicable law; and
   2. (b) no other evidence in the record or presented for acceptance by the respondent in the course of respondent's participation conflicts with the evidence to be relied upon by the presiding officer in issuing an order.

6. (6) Evidence that a presiding officer may rely on in issuing an order when there has been no hearing includes:

   1. (a) certified copies of the latest support orders;
   2. (b) documented wage information from an employer or a governmental source;
   3. (c) failure of the respondent to produce canceled checks as evidence of payments made, as requested by the presiding officer;
   4. (d) failure of the respondent to produce a record kept by the clerk of court, a financial institution, or the office, showing payments made;
   5. (e) failure of the respondent to produce a written agreement in a non-IV-A case that was signed by the noncustodial parent and the custodial parent providing for an alternative means of satisfying a child support obligation;
   6. (f) the birth certificate of any child whose support is sought from the respondent; or
   7. (g) other applicable documentation.

KEY: administrative law, child support

Date of Last Change: January 5, 2026

Notice of Continuation: December 9, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-9-108; 26B-9-201; 26B-9-205; 26B-9-206; 26B-207; 63G-4; 81-9