Rule R28-3. Utah State Agency for Surplus Property Adjudicative Proceedings.

As in effect on August 1, 2009

Table of Contents

• R28-3-1. Purpose.
• R28-3-2. Definitions.
• R28-3-3. Proceedings to be Informal.
• R28-3-4. Procedures Governing Informal Adjudicatory Proceedings.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R28-3-1. Purpose.

As required by the Utah Administrative Procedures Act, this rule provides the procedures for adjudicating disputes brought before the Utah State Agency for Surplus Property under the authority granted by Section 63A- 9-801 and Section 63G-4, et seq.

R28-3-2. Definitions.

Terms used are as defined in Section 63G-4-103, except "USASP" means the Utah State Agency for Surplus Property, and "superior agency" means the Department of Administrative Services.

R28-3-3. Proceedings to be Informal.

All matters over which the USASP has jurisdiction including bid validity determination and sales issues, which are subject to Title 63G, Chapter 4, will be informal in nature for purposes of adjudication. The Director of the Division of Fleet Operations or his designee will be the presiding officer.

R28-3-4. Procedures Governing Informal Adjudicatory Proceedings.

1. No response need be filed to the notice of agency action or request for agency action.

2. The USASP may hold a hearing at the discretion of the director of the Division of Fleet Operations or his designee unless a hearing is required by statute. A request for hearing must be made within ten days after receipt of the notice of agency action or request for agency action.

3. Only the parties named in the notice of agency action or request for agency action will be permitted to testify, present evidence and comment on the issues.

4. A hearing will be held only after timely notice of the hearing has been given.

5. No discovery, either compulsory or voluntary, will be permitted except that all parties to the action shall have access to information and materials not restricted by law.

6. No person may intervene in an agency action unless federal statute or rule requires the agency to permit intervention.

7. Any hearing held under this rule is open to all parties.

8. Within thirty days after the close of any hearing, the director of the Division of Fleet Operations or his designee shall issue a written decision stating the decision, the reasons for the decision, time limits for filing an appeal with the director of the superior agency, notice of right of judicial review, and the time limits for filing an appeal to the appropriate district court.

9. The decision rendered by the Director of the Division of Fleet Operations or his designee shall be based on the facts in the USASP file and if a hearing is held, the facts based on evidence presented at the hearing.

10. The agency shall notify the parties of the agency order by promptly mailing a copy thereof to each at the address indicated in the file.

11. Whether a hearing is held or not, an order issued under the provisions of this rule shall be the final order of the superior agency, and then may be appealed to the appropriate district court.

KEY

surplus property, appellate procedures

Date of Enactment or Last Substantive Amendment

February 12, 2004

Notice of Continuation

April 4, 2008

Authorizing, Implemented, or Interpreted Law

63A-9-801; 63G-4