63G-4-205. Procedures for formal adjudicative proceedings -- Discovery and subpoenas.
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63G-4-205. Procedures for formal adjudicative proceedings -- Discovery and subpoenas.
(1)In formal adjudicative proceedings, the agency may, by rule, prescribe means of discovery adequate to permit the parties to obtain all relevant information necessary to support their claims or defenses. If the agency does not enact rules under this section, the parties may conduct discovery according to the Utah Rules of Civil Procedure.
(2)Subpoenas and other orders to secure the attendance of witnesses or the production of evidence in formal adjudicative proceedings shall be issued by the presiding officer when requested by any party, or may be issued by the presiding officer on the presiding officer's own motion.
(3)Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.
Renumbered and Amended by Chapter 382 , 2008 General Session