Utah Code » Title 63G, Chapter 4 — Administrative Procedures Act; part 63G-4-2 — Adjudicative Proceedings
Utah Code

Utah Code § 63G-4-206 (2026)

Procedures for formal adjudicative proceedings -- Hearing procedure

✓ current as of May 2026
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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:
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.
On the presiding officer's own motion or upon objection by a party, the presiding officer:
may exclude evidence that is irrelevant, immaterial, or unduly repetitious;
shall exclude evidence privileged in the courts of Utah;
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
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.
The presiding officer may not exclude evidence solely because it is hearsay.
The presiding officer shall afford to all parties the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.
The presiding officer may give persons not a party to the adjudicative proceeding the opportunity to present oral or written statements at the hearing.
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.
The hearing shall be recorded at the agency's expense.
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.
All hearings shall be open to all parties.
This section does not preclude the presiding officer from taking appropriate measures necessary to preserve the integrity of the hearing.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2011–2024 · leading case: Danny's Drywall v. Labor Comm'n, 2014 UT App 277 (Utah Ct. App. 2014).
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Danny's Drywall v. Labor Comm'n, 2014 UT App 277 (Utah Ct. App. 2014). · cites it 6× “This section provides that "in all formal adjudicative proceedings, a hearing shall be conducted" during which all parties are afforded "the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.”
Smith v. Workforce Appeals Bd., Dep't of Workforce Servs., 2011 UT App 68 (Utah Ct. App. 2011). · cites it 2× “2010) (requiring that "a full and complete record of all adjudicative proceedings in connection with a disputed matter" be kept, and that "[all testimony at any hearing shall be recorded"); Utah Code Ann. § 63G-4-206(1)(b)(iv) (providing that a presiding officer "may take…”
Onysko v. Dept. of Envntl. Quality, 2020 UT App 51 (Utah Ct. App. 2020). · cites it 6× “See generally Utah Code Ann. §§ 63G-4-206, -208 (LexisNexis 2019).”
Uintah Cnty. v. Dep't of Workforce Servs., 320 P.3d 1103 (Utah Ct. App. 2014). · cites it 2× “The Employer acknowledges that hearsay evidence is admissible in administrative proceedings but argues that the Board impermissibly based its ruling entirely on hearsay evidence (Le.”
Mayhew v. Labor Comm'n, 2024 UT App 81 (Utah Ct. App. 2024). · cites it 2× “” Utah Code § 63G-4-206(2). Respondents assert that this section provides the Commission authority to sanction intemperate or 20220695-CA 18 2024 UT App 81 Mayhew v.”
Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018). · cites it 2× “§ 63G-4-206(1)(a), and "shall afford to all parties the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence," id.”
Carradine v. Labor Comm'n, 2011 UT App 212 (Utah Ct. App. 2011). · cites it 2× “Petitioner contends that the ALJ inappropriately denied him the opportunity at the October 2007 hearing to present additional evidence of the date on which he was last gainfully employed based on incorrect interpretations of provisions of the Utah Administrative Procedure Act,…”
— Utah Code § 63G-4-206(1)(a) — 2 cases
Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018). “§ 63G-4-206(1)(a), and "shall afford to all parties the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence," id.”
Carradine v. Labor Comm'n, 2011 UT App 212 (Utah Ct. App. 2011). “Petitioner contends that the ALJ inappropriately denied him the opportunity at the October 2007 hearing to present additional evidence of the date on which he was last gainfully employed based on incorrect interpretations of provisions of the Utah Administrative Procedure Act,…”
— Utah Code § 63G-4-206(1)(b)(iv) — 1 case
Smith v. Workforce Appeals Bd., Dep't of Workforce Servs., 2011 UT App 68 (Utah Ct. App. 2011). “2010) (requiring that "a full and complete record of all adjudicative proceedings in connection with a disputed matter" be kept, and that "[all testimony at any hearing shall be recorded"); Utah Code Ann. § 63G-4-206(1)(b)(iv) (providing that a presiding officer "may take…”
— Utah Code § 63G-4-206(1)(c) — 2 cases
Uintah Cnty. v. Dep't of Workforce Servs., 320 P.3d 1103 (Utah Ct. App. 2014). “The Employer acknowledges that hearsay evidence is admissible in administrative proceedings but argues that the Board impermissibly based its ruling entirely on hearsay evidence (Le.”
Onysko v. Dept. of Envntl. Quality, 2020 UT App 51 (Utah Ct. App. 2020). “See generally Utah Code Ann. §§ 63G-4-206, -208 (LexisNexis 2019).”
— Utah Code § 63G-4-206(1)(d) — 2 cases
Danny's Drywall v. Labor Comm'n, 2014 UT App 277 (Utah Ct. App. 2014). “This section provides that "in all formal adjudicative proceedings, a hearing shall be conducted" during which all parties are afforded "the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.”
Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018). “§ 63G-4-206(1)(a), and "shall afford to all parties the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence," id.”
— Utah Code § 63G-4-206(2) — 2 cases
Onysko v. Dept. of Envntl. Quality, 2020 UT App 51 (Utah Ct. App. 2020). “See generally Utah Code Ann. §§ 63G-4-206, -208 (LexisNexis 2019).”
Mayhew v. Labor Comm'n, 2024 UT App 81 (Utah Ct. App. 2024). “” Utah Code § 63G-4-206(2). Respondents assert that this section provides the Commission authority to sanction intemperate or 20220695-CA 18 2024 UT App 81 Mayhew v.”
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