34A-1-304. Definitions -- Rulemaking -- Electronic or similar methods of proceedings.

295 words·~1 min read·/ut/title-34a/chapter-1/34a-1-304

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(1)For purposes of this section:

(a)"Deliver" means to serve, file, or otherwise provide a document.

(b)"Document" includes a notice, order, decision, or other document that is required or permitted by a relevant statute.

(c)"Relevant statute" means a provision of:

(i)this title;

(ii)Title 34, Labor in General , for which the commissioner has regulatory authority;

(iii)Title 40, Chapter 2, Coal Mine Safety Act ; or

(iv)Title 57, Chapter 21, Utah Fair Housing Act .

(a)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the commission shall make rules governing adjudicative procedures under a relevant statute, including providing the form of a notice and the manner of serving a notice.

(b)Except as provided in this title and Title 63G, Chapter 4, Administrative Procedures Act , a rule made under this section is not required to conform to common law or statutory rules of evidence or other technical rules of procedure.

(3)The rules made under this section shall protect the rights of the parties and include procedures to:

(a)dispose of a case informally or expedite claims adjudication;

(b)narrow issues; and

(c)simplify the methods of proof at a hearing.

(4)The commission may by rule permit a hearing or other adjudicative proceeding to be conducted, recorded, or published by an electronic means or similar method.

(5)Notwithstanding whether a relevant statute requires that a document be delivered by mail or otherwise, the commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , permit a document to be delivered by electronic means pursuant to the rule.

Amended by Chapter 261 , 2011 General Session