- (1) Discovery is prohibited, but the Division may issue subpoenas or other orders to compel production of necessary evidence.
- (2) A party may call witnesses and present oral, documentary, and other evidence.
- (3) A party may comment on the issues and conduct cross-examination of any witness as may be required for a full and true disclosure of all facts relevant to any issue designated for hearing, and as may affect the disposition of any interest which permits the person participating to be a party.
- (4) A witness' testimony shall be under oath or affirmation.
- (5) Any evidence may be presented by affidavit rather than by oral testimony, subject to the right of any party to call and examine or cross-examine the affiant.
- (6) Relevant evidence shall be admitted.
- (7) The Presiding Officer's decision may not be based solely on hearsay.
- (8) Official notice may be taken of all facts of which judicial notice may be taken in Utah courts.
- (9) All parties shall have access to public information contained in the Division's files and to all materials and information gathered in the investigation, to the extent permitted by law.
- (10) No evidence shall be admitted after completion of a hearing or after a case is submitted on the record, unless otherwise ordered by the Presiding Officer.
- (11) Intervention is prohibited.
- (12) A respondent appearing before the Presiding Officer for the purpose of a hearing may be represented by a licensed attorney. The Enforcement Engineer shall present evidence before a Presiding Officer supporting the State Engineer's claim. At the State Engineer's discretion, a representative from the office of the Attorney General may also present supporting evidence.
KEY: water rights, enforcement, administrative penalties
Date of Last Change: February 10, 2009
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 73-2-1(4)(g); 73-2-25; 73-2-26; 73-3-25