1. (1) A hearing or other adjudicative proceeding shall be conducted by a qualified presiding officer. The presiding officer may not:

   1. (a) have been involved in preparing the information alleged in the notice that is the basis of the adjudicative proceeding; and
   2. (b) conduct a hearing or other adjudicative proceeding in a contested case if it is alleged and proved that good cause exists for the removal of the presiding officer assigned to that contested case.

2. (2)(a) The party or representative requesting a change of the presiding officer shall make the request in writing.

   1. (b) The request shall be filed and called to the attention of the presiding officer at least 24 hours before the hearing.

3. (3)(a) When conducting a hearing, the presiding officer shall determine any liability and responsibility of the respondent pursuant to Section 26B-9-206, based upon:

   1. (i) the notice of agency action;

      1. (ii) any objections to the notice of agency action; and
      2. (iii) the evidence adduced at the hearing.
   2. (b) Following a determination of liability, the presiding officer shall refer the obligor to the team handling the case for determination of acceptable periodic payment or alternative means of satisfaction of any arrearage obligation.

4. (4) The presiding officer conducting a hearing may:

   1. (a) regulate the course of hearing on any issue designated for hearing;

   2. (b)(i) receive and determine procedural requests;

      1. (ii) receive relevant evidence;
      2. (iii) rule on any offer of proof and evidentiary objection;
      3. (iv) rule on the scope and extent of cross-examination; and
      4. (v) hear argument and make determination of any question of law necessary to the conduct of the hearing;
   3. (c) request testimony under oath or affirmation administered by the presiding officer; and
   4. (d) upon motion, amend the notice of agency action to conform to the evidence.

5. (5) The rules of evidence in a hearing are as follows:

   1. (a) discovery is prohibited, but the office of the attorney general may issue a subpoena or another order to compel production of necessary evidence;

   2. (b) any person who is a party to the adjudicative proceeding may:

      1. (i) call any witness;
      2. (ii) present oral testimony, documentation, and other evidence;
      3. (iii) comment on any issue; and
      4. (iv) conduct such cross-examination of any witness;

   3. (c) the provisions in Subsection (5)(b) may be used:

      1. (i) as needed to provide a full and true disclosure of a fact relevant to any issue being considered in a hearing; or
      2. (ii) if those provisions affect the disposition of any interest that permits the person participating to be a party.
   4. (d) any evidence may be presented by declaration rather than by oral testimony subject to the right of any party to call and examine or cross-examine the declarant;
   5. (e) relevant evidence shall be admitted;
   6. (f) official notice may be taken of any fact that judicial notice may be taken in the courts of this state;
   7. (g) each party shall have access to information contained in the office's files and to materials and information gathered in the investigation, to the extent permitted by law and pursuant to Rule R527-5;

   8. (h) intervention is prohibited; and

      1. (i) in child support cases, the hearing shall be open to each party as defined in Section 63G-4-103.

6. (6) The rights of each party in a hearing are as follows:

   1. (a) a respondent appearing before the presiding officer for a hearing may be represented by a licensed attorney or, after leave of the presiding officer, any other person designated to act as the respondent's representative for the hearing; and

   2. (b)(i) The office's supporting evidence for the office's claim shall be presented at a hearing before a presiding officer by an agent or representative from the office.

      1. (ii) At the office's discretion, the supporting evidence may be presented by an attorney representing the office.

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