1. (1)(a) The department may commence an informal adjudicative proceeding by issuing a Notice of Agency Action and Order under Subsection R590-160-4(1).

   1. (b) The order in Subsection (1)(a) is based on information contained in:

      1. (i) an affidavit;
      2. (ii) a declaration; or
      3. (iii) the department's files.
   2. (c) The order in Subsection (1)(a) constitutes a proposed order that becomes final 15 days after service on the respondent unless a written request for a hearing is received before the expiration of 15 days.
2. (2) A respondent's failure to timely request a hearing in an informal adjudicative proceeding is a failure to exhaust administrative remedies.
3. (3) When a hearing is requested in an informal adjudicative proceeding, a notice of a prehearing conference is issued stating the matters to be decided and giving notice of the prehearing scheduling conference's date, time, and location.
4. (4) A hearing in an informal adjudicative proceeding may be of record.

5. (5)(a) At a hearing in an informal adjudicative proceeding, the commissioner may receive, regarding the issues to be decided, the following;

   1. (i) testimony;

      1. (ii) proffer of evidence;
      2. (iii) affidavit;
      3. (iv) declaration; or
      4. (v) argument.
   2. (b) The commissioner may issue a subpoena requiring a witness's attendance or the production of necessary evidence.

KEY: insurance

Date of Last Change: October 11, 2022

Notice of Continuation: September 15, 2023

Authorizing, and Implemented or Interpreted Law: 31A-2-201; 63G-4-102; 63G-4-203