1. (1) Hearings are not open to the public.

2. (2)(a) A party may be represented at the hearing.

   1. (b) The party may also invite friends or relatives to attend as space permits and consistent with the orderly progress of the hearing.
3. (3) Representatives from the Department or other state agencies may be present.

4. (4)(a) Hearings are conducted informally and in a manner that protects the rights of the parties.

   1. (b) The hearing may be recorded.
5. (5) All issues relevant to the appeal will be considered and decided upon.
6. (6) The decision of the ALJ will be based solely on the testimony and evidence presented at the hearing.
7. (7) Each party may testify, present evidence, or comment on the issues.
8. (8) Testimony will be given under oath or affirmation.
9. (9) Any party to an appeal will be given an adequate opportunity to be heard and present relevant evidence and to know and rebut by cross-examination or otherwise any other evidence submitted.
10. (10) The ALJ will direct the order of testimony and rule on the admissibility of evidence.
11. (11) Oral or written evidence of any nature, whether or not conforming to the legal rules of evidence including hearsay may be accepted and will be given its proper weight.
12. (12) Official records of the Department, including any report submitted in connection with any program administered by the Department or other state agency may be included in the record.
13. (13) The ALJ may request the presentation of and may take additional evidence as the ALJ deems necessary.

14. (14)(a) The parties, with consent of the ALJ, may stipulate to the facts involved.

    1. (b) The ALJ may decide the issues on the basis of stipulated facts or may set the matter for hearing and take further evidence as deemed necessary to determine the issues.
15. (15) The ALJ may require portions of the evidence be transcribed as necessary for rendering a decision.
16. (16) Unless an interested person requests a continuance, the decision of the ALJ will be issued within 60 days of the date on which the interested person requests a hearing.
17. (17) A decision of the ALJ that results in a reversal of the Department decision shall be complied with within 10 days of the issuance of the decision.

KEY: employment support procedures, hearing procedures, public assistance, SNAP

Date of Last Change: December 29, 2022

Notice of Continuation: August 14, 2025

Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.