53E-6-601. Definition.
141 words·~1 min read·
/ut/title-53e/chapter-6/53e-6-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 1/24/2018
53E-6-601. Definition.
As used in this part "hearing" means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:
(1)appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and
(2)obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so.
Renumbered and Amended by Chapter 1 , 2018 General Session