R51-2-4. Appeals and Informal Adjudicative Proceedings

(1) To appeal a department action, a respondent shall submit a written appeal to the presiding officer within 30 days of the service date. (2) The written appeal shall contain the following: (a) a statement of grounds for the appeal; (b) statement of relief being requested; (c) the date on which the appeal is being sent; and (d) identification of the department action being appealed. (3) The Department may take one or more of the following actions upon receipt of a timely appeal; (a) hold a hearing; (b) engage in settlement negotiations; or (c) dismiss or withdraw the violation based on information received in the appeal. (4) The department designates the following as informal proceedings: (a) an action to deny, revoke, suspend, or modify a permit, license, registration, or certification; (b) an order of corrective action; or (c) a contest of a citation, embargo, or a hold order. (5) During an informal hearing: (a) a party may testify, present evidence, and comment on the issues; (b) a party may access relevant information in the department's files, as allowed by law; and (c) discovery and intervention by third parties are prohibited, except as provided in Section 63G-4-203. (6) After the close of an informal hearing, the presiding officer shall issue a signed, written final order that includes: (a) the decision and reasons for that decision; and (b) a notice of the right to further reconsideration and the applicable time limits. (7) A presiding officer shall conduct hearings according to Section 63G-4-203 and may record the proceedings. (8) The presiding officer shall promptly serve their final order using a method described in Subsection R51-2-3(4), which starts the 20-day deadline for a request for reconsideration.