1. (1) Hearings are held at the state level and not at the local level.
2. (2) When consistent with federal law or regulation governing hearing procedure, the Department will follow the Utah Administrative Procedures Act.
3. (3) Hearings are conducted by an ALJ in the Adjudication Division.
4. (4) Hearings are scheduled as telephone hearings. Every party wishing to participate in the telephone hearing must call the Adjudication Division before the hearing and provide a telephone number where the party can be reached for the hearing. If the applicant or client fails to call in advance, as required by the notice of hearing, the appeal will be dismissed.
5. (5) If an applicant or client requires an in-person hearing, they must contact the assigned ALJ and request that the hearing be scheduled as an in-person hearing.
6. (6) The request for an in-person hearing should be made sufficiently in advance of the hearing so other parties have notice of the change in the hearing format and the opportunity to appear in-person also.
7. (7) Requests will only be granted if the applicant or client can show that an in-person hearing is necessary to accommodate a special need or if the ALJ deems an in-person hearing is necessary to ensure an orderly and impartial hearing which meets due process requirements.
8. (8) If the ALJ grants the request for an in-person hearing, the parties will be informed that the hearing will be conducted in person. Even if the hearing is scheduled as an in-person hearing, a party may elect to participate by telephone.
9. (9) In-person hearings are held at the offices of the Adjudication Division unless the ALJ determines that another location is more appropriate.
10. (10) The Department is not responsible for any travel costs incurred by the applicant or client or any witnesses in attending an in-person hearing.
11. (11) The Adjudication Division will permit collect calls from parties and their witnesses participating in telephone hearings.

KEY: administrative procedures, complaint procedures

Date of Last Change: October 18, 2022

Notice of Continuation: September 16, 2021

Authorizing, and Implemented or Interpreted Law: 35A-1-303; 35A-13-102; 35A-1-104