reglab/housing_qa huggingface dataset:
UT Code § 63G-4-205 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 205 - Procedures for formal adjudicative proceedings -- Discovery and subpoenas.

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
UT Code § 63G-4-206 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 206 - Procedures for formal adjudicative proceedings -- Hearing procedure.

63G-4-206. Procedures for formal adjudicative proceedings -- Hearing procedure.    (1) Except as provided in Subsections 63G-4-201(3)(d)(i) and (ii), in all formal adjudicative proceedings, a hearing shall be conducted as follows:   (a) The presiding officer shall regulate the course of the hearing to obtain full disclosure of relevant facts and to afford all the parties reasonable opportunity to present their positions.     (b) On the presiding officer's own motion or upon objection by a party, the presiding officer:   (i) may exclude evidence that is irrelevant, immaterial, or unduly repetitious;     (ii) shall exclude evidence privileged in the courts of Utah;     (iii) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all pertinent portions of the original document; and     (iv) may take official notice of any facts that could be judicially noticed under the Utah Rules of Evidence, of the record of other proceedings before the agency, and of technical or scientific facts within the agency's specialized knowledge.       (c) The presiding officer may not exclude evidence solely because it is hearsay.     (d) The presiding officer shall afford to all parties the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.     (e) The presiding officer may give persons not a party to the adjudicative proceeding the opportunity to present oral or written statements at the hearing.     (f) All testimony presented at the hearing, if offered as evidence to be considered in reaching a decision on the merits, shall be given under oath.     (g) The hearing shall be recorded at the agency's expense.     (h) Any party, at the party's own expense, may have a person approved by the agency prepare a transcript of the hearing, subject to any restrictions that the agency is permitted by statute to impose to protect confidential information disclosed at the hearing.     (i) All hearings shall be open to all parties.       (2) This section does not preclude the presiding officer from taking appropriate measures necessary to preserve the integrity of the hearing.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-207 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 207 - Procedures for formal adjudicative proceedings -- Intervention.

63G-4-207. Procedures for formal adjudicative proceedings -- Intervention.    (1) Any person not a party may file a signed, written petition to intervene in a formal adjudicative proceeding with the agency. The person who wishes to intervene shall mail a copy of the petition to each party. The petition shall include:   (a) the agency's file number or other reference number;     (b) the name of the proceeding;     (c) a statement of facts demonstrating that the petitioner's legal rights or interests are substantially affected by the formal adjudicative proceeding, or that the petitioner qualifies as an intervenor under any provision of law; and     (d) a statement of the relief that the petitioner seeks from the agency.       (2) The presiding officer shall grant a petition for intervention if the presiding officer determines that:   (a) the petitioner's legal interests may be substantially affected by the formal adjudicative proceeding; and     (b) the interests of justice and the orderly and prompt conduct of the adjudicative proceedings will not be materially impaired by allowing the intervention.       (3)   (a) Any order granting or denying a petition to intervene shall be in writing and mailed to the petitioner and each party.     (b) An order permitting intervention may impose conditions on the intervenor's participation in the adjudicative proceeding that are necessary for a just, orderly, and prompt conduct of the adjudicative proceeding.     (c) The presiding officer may impose the conditions at any time after the intervention.      Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-208 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 208 - Procedures for formal adjudicative proceedings -- Orders.

63G-4-208. Procedures for formal adjudicative proceedings -- Orders.  In formal adjudicative proceedings:  (1) Within a reasonable time after the hearing, or after the filing of any posthearing documents permitted by the presiding officer, or within the time required by any applicable statute or rule of the agency, the presiding officer shall sign and issue an order that includes:   (a) a statement of the presiding officer's findings of fact based exclusively on the evidence of record in the adjudicative proceedings or on facts officially noted;     (b) a statement of the presiding officer's conclusions of law;     (c) a statement of the reasons for the presiding officer's decision;     (d) a statement of any relief ordered by the agency;     (e) a notice of the right to apply for reconsideration;     (f) a notice of any right to administrative or judicial review of the order available to aggrieved parties; and     (g) the time limits applicable to any reconsideration or review.       (2) The presiding officer may use the presiding officer's experience, technical competence, and specialized knowledge to evaluate the evidence.     (3) A finding of fact that was contested may not be based solely on hearsay evidence unless that evidence is admissible under the Utah Rules of Evidence.     (4) This section does not preclude the presiding officer from issuing interim orders to:   (a) notify the parties of further hearings;     (b) notify the parties of provisional rulings on a portion of the issues presented; or     (c) otherwise provide for the fair and efficient conduct of the adjudicative proceeding.      Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-209 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 2 - Adjudicative Proceedings|Section 209 - Default.

63G-4-209. Default.    (1) The presiding officer may enter an order of default against a party if:   (a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceeding;     (b) a party to a formal adjudicative proceeding fails to attend or participate in a properly scheduled hearing after receiving proper notice; or     (c) a respondent in a formal adjudicative proceeding fails to file a response under Section 63G-4-204.       (2) An order of default shall include a statement of the grounds for default and shall be mailed to all parties.     (3)   (a) A defaulted party may seek to have the agency set aside the default order, and any order in the adjudicative proceeding issued subsequent to the default order, by following the procedures outlined in the Utah Rules of Civil Procedure.     (b) A motion to set aside a default and any subsequent order shall be made to the presiding officer.     (c) A defaulted party may seek agency review under Section 63G-4-301, or reconsideration under Section 63G-4-302, only on the decision of the presiding officer on the motion to set aside the default.       (4)   (a) In an adjudicative proceeding begun by the agency, or in an adjudicative proceeding begun by a party that has other parties besides the party in default, the presiding officer shall, after issuing the order of default, conduct any further proceedings necessary to complete the adjudicative proceeding without the participation of the party in default and shall determine all issues in the adjudicative proceeding, including those affecting the defaulting party.     (b) In an adjudicative proceeding that has no parties other than the agency and the party in default, the presiding officer shall, after issuing the order of default, dismiss the proceeding.      Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-301 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 3 - Agency Review|Section 301 - Agency review -- Procedure.

63G-4-301. Agency review -- Procedure.    (1)   (a) If a statute or the agency's rules permit parties to any adjudicative proceeding to seek review of an order by the agency or by a superior agency, the aggrieved party may file a written request for review within 30 days after the issuance of the order with the person or entity designated for that purpose by the statute or rule.     (b) The request shall:   (i) be signed by the party seeking review;     (ii) state the grounds for review and the relief requested;     (iii) state the date upon which it was mailed; and     (iv) be mailed to the presiding officer and to each party.         (2)   (a) Within 15 days of the mailing date of the request for review, or within the time period provided by agency rule, whichever is longer, any party may file a response with the person designated by statute or rule to receive the response.     (b) The party who files a response under Subsection (2)(a) shall mail a copy of the response to each of the parties and to the presiding officer.       (3) If a statute or the agency's rules require review of an order by the agency or a superior agency, the agency or superior agency shall review the order within a reasonable time or within the time required by statute or the agency's rules.     (4) To assist in review, the agency or superior agency may by order or rule permit the parties to file briefs or other documents, or to conduct oral argument.     (5) Notice of hearings on review shall be mailed to all parties.     (6)   (a) Within a reasonable time after the filing of any response, other filings, or oral argument, or within the time required by statute or applicable rules, the agency or superior agency shall issue a written order on review.     (b) The order on review shall be signed by the agency head or by a person designated by the agency for that purpose and shall be mailed to each party.     (c) The order on review shall contain:   (i) a designation of the statute or rule permitting or requiring review;     (ii) a statement of the issues reviewed;     (iii) findings of fact as to each of the issues reviewed;     (iv) conclusions of law as to each of the issues reviewed;     (v) the reasons for the disposition;     (vi) whether the decision of the presiding officer or agency is to be affirmed, reversed, or modified, and whether all or any portion of the adjudicative proceeding is to be remanded;     (vii) a notice of any right of further administrative reconsideration or judicial review available to aggrieved parties; and     (viii) the time limits applicable to any appeal or review.        Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-302 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 3 - Agency Review|Section 302 - Agency review -- Reconsideration.

63G-4-302. Agency review -- Reconsideration.    (1)   (a) Within 20 days after the date that an order is issued for which review by the agency or by a superior agency under Section 63G-4-301 is unavailable, and if the order would otherwise constitute final agency action, any party may file a written request for reconsideration with the agency, stating the specific grounds upon which relief is requested.     (b) Unless otherwise provided by statute, the filing of the request is not a prerequisite for seeking judicial review of the order.       (2) The request for reconsideration shall be filed with the agency and one copy shall be mailed to each party by the person making the request.     (3)   (a) The agency head, or a person designated for that purpose, shall issue a written order granting the request or denying the request.     (b) If the agency head or the person designated for that purpose does not issue an order within 20 days after the filing of the request, the request for reconsideration shall be considered to be denied.      Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-401 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 4 - Judicial Review|Section 401 - Judicial review -- Exhaustion of administrative remedies.

63G-4-401. Judicial review -- Exhaustion of administrative remedies.    (1) A party aggrieved may obtain judicial review of final agency action, except in actions where judicial review is expressly prohibited by statute.     (2) A party may seek judicial review only after exhausting all administrative remedies available, except that:   (a) a party seeking judicial review need not exhaust administrative remedies if this chapter or any other statute states that exhaustion is not required;     (b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all administrative remedies if:   (i) the administrative remedies are inadequate; or     (ii) exhaustion of remedies would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.         (3)   (a) A party shall file a petition for judicial review of final agency action within 30 days after the date that the order constituting the final agency action is issued or is considered to have been issued under Subsection 63G-4-302(3)(b).     (b) The petition shall name the agency and all other appropriate parties as respondents and shall meet the form requirements specified in this chapter.      Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-402 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 4 - Judicial Review|Section 402 - Judicial review -- Informal adjudicative proceedings.

 Effective 9/1/2021  63G-4-402. Judicial review -- Informal adjudicative proceedings.    (1)   (a) The district courts have jurisdiction to review by trial de novo all final agency actions resulting from informal adjudicative proceedings, except that the juvenile courts have jurisdiction over all final agency actions relating to:   (i) the removal or placement of children in state custody;     (ii) the support of children under Subsection (1)(a)(i) as determined administratively under Section 78A-6-356; and     (iii) supported findings of abuse or neglect made by the Division of Child and Family Services.       (b) Venue for judicial review of informal adjudicative proceedings shall be as provided in the statute governing the agency or, in the absence of such a venue provision, in the county where the petitioner resides or maintains the petitioner's principal place of business.       (2)   (a) The petition for judicial review of informal adjudicative proceedings shall be a complaint governed by the Utah Rules of Civil Procedure and shall include:   (i) the name and mailing address of the party seeking judicial review;     (ii) the name and mailing address of the respondent agency;     (iii) the title and date of the final agency action to be reviewed, together with a copy, summary, or brief description of the agency action;     (iv) identification of the persons who were parties in the informal adjudicative proceedings that led to the agency action;     (v) a copy of the written agency order from the informal proceeding;     (vi) facts demonstrating that the party seeking judicial review is entitled to obtain judicial review;     (vii) a request for relief, specifying the type and extent of relief requested; and     (viii) a statement of the reasons why the petitioner is entitled to relief.       (b) All additional pleadings and proceedings in the district court are governed by the Utah Rules of Civil Procedure.       (3)   (a) The court, without a jury, shall determine all questions of fact and law and any constitutional issue presented in the pleadings.     (b) The Utah Rules of Evidence apply in judicial proceedings under this section.      Amended by Chapter 262, 2021 General Session
UT Code § 63G-4-403 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 4 - Judicial Review|Section 403 - Judicial review -- Formal adjudicative proceedings.

63G-4-403. Judicial review -- Formal adjudicative proceedings.    (1) As provided by statute, the Supreme Court or the Court of Appeals has jurisdiction to review all final agency action resulting from formal adjudicative proceedings.     (2)   (a) To seek judicial review of final agency action resulting from formal adjudicative proceedings, the petitioner shall file a petition for review of agency action with the appropriate appellate court in the form required by the appellate rules of the appropriate appellate court.     (b) The appellate rules of the appropriate appellate court shall govern all additional filings and proceedings in the appellate court.       (3) The contents, transmittal, and filing of the agency's record for judicial review of formal adjudicative proceedings are governed by the Utah Rules of Appellate Procedure, except that:   (a) all parties to the review proceedings may stipulate to shorten, summarize, or organize the record;     (b) the appellate court may tax the cost of preparing transcripts and copies for the record:   (i) against a party who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or     (ii) according to any other provision of law.         (4) The appellate court shall grant relief only if, on the basis of the agency's record, it determines that a person seeking judicial review has been substantially prejudiced by any of the following:   (a) the agency action, or the statute or rule on which the agency action is based, is unconstitutional on its face or as applied;     (b) the agency has acted beyond the jurisdiction conferred by any statute;     (c) the agency has not decided all of the issues requiring resolution;     (d) the agency has erroneously interpreted or applied the law;     (e) the agency has engaged in an unlawful procedure or decision-making process, or has failed to follow prescribed procedure;     (f) the persons taking the agency action were illegally constituted as a decision-making body or were subject to disqualification;     (g) the agency action is based upon a determination of fact, made or implied by the agency, that is not supported by substantial evidence when viewed in light of the whole record before the court;     (h) the agency action is:   (i) an abuse of the discretion delegated to the agency by statute;     (ii) contrary to a rule of the agency;     (iii) contrary to the agency's prior practice, unless the agency justifies the inconsistency by giving facts and reasons that demonstrate a fair and rational basis for the inconsistency; or     (iv) otherwise arbitrary or capricious.        Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-404 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 4 - Judicial Review|Section 404 - Judicial review -- Type of relief.

63G-4-404. Judicial review -- Type of relief.    (1)   (a) In either the review of informal adjudicative proceedings by the district court or the review of formal adjudicative proceedings by an appellate court, the court may award damages or compensation only to the extent expressly authorized by statute.     (b) In granting relief, the court may:   (i) order agency action required by law;     (ii) order the agency to exercise its discretion as required by law;     (iii) set aside or modify agency action;     (iv) enjoin or stay the effective date of agency action; or     (v) remand the matter to the agency for further proceedings.         (2) Decisions on petitions for judicial review of final agency action are reviewable by a higher court, if authorized by statute.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-405 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 4 - Judicial Review|Section 405 - Judicial review -- Stay and other temporary remedies pending final disposition.

63G-4-405. Judicial review -- Stay and other temporary remedies pending final disposition.    (1) Unless precluded by another statute, the agency may grant a stay of its order or other temporary remedy during the pendency of judicial review, according to the agency's rules.     (2) Parties shall petition the agency for a stay or other temporary remedies unless extraordinary circumstances require immediate judicial intervention.     (3) If the agency denies a stay or denies other temporary remedies requested by a party, the agency's order of denial shall be mailed to all parties and shall specify the reasons why the stay or other temporary remedy was not granted.     (4) If the agency has denied a stay or other temporary remedy to protect the public health, safety, or welfare against a substantial threat, the court may not grant a stay or other temporary remedy unless it finds that:   (a) the agency violated its own rules in denying the stay; or     (b)   (i) the party seeking judicial review is likely to prevail on the merits when the court finally disposes of the matter;     (ii) the party seeking judicial review will suffer irreparable injury without immediate relief;     (iii) granting relief to the party seeking review will not substantially harm other parties to the proceedings; and     (iv) the threat to the public health, safety, or welfare relied upon by the agency is not sufficiently serious to justify the agency's action under the circumstances.        Renumbered and Amended by Chapter 382, 2008 General Session