LegalFix

Section 1101 - Informal conference.

UT Code § 67-4a-1101 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) Not later than 30 days after receipt of a notice under Section 67-4a-1011, the putative holder may request an informal conference with the administrator to review the determination. (b) Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.

(a) Not later than 30 days after receipt of a notice under Section 67-4a-1011, the putative holder may request an informal conference with the administrator to review the determination.

(b) Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.

(2) If a putative holder makes a timely request under Subsection (1) for an informal conference: (a) not later than 20 days after the date of the request, the administrator shall set the time and place of the conference; (b) the administrator shall give the putative holder notice in a record of the time and place of the conference; (c) the conference may be held in person, by telephone, or by electronic means, as determined by the administrator; (d) the request tolls the 90-day period under Sections 67-4a-1103 and 67-4a-1104 until notice of a decision under Subsection (2)(g) has been given to the putative holder or the putative holder withdraws the request for the conference; (e) the conference may be postponed, adjourned, and reconvened as the administrator determines appropriate; (f) the administrator or the administrator's designee with the approval of the administrator may modify a determination made under Section 67-4a-1011 or withdraw it; and (g) the administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than 20 days after the conference ends.

(a) not later than 20 days after the date of the request, the administrator shall set the time and place of the conference;

(b) the administrator shall give the putative holder notice in a record of the time and place of the conference;

(c) the conference may be held in person, by telephone, or by electronic means, as determined by the administrator;

(d) the request tolls the 90-day period under Sections 67-4a-1103 and 67-4a-1104 until notice of a decision under Subsection (2)(g) has been given to the putative holder or the putative holder withdraws the request for the conference;

(e) the conference may be postponed, adjourned, and reconvened as the administrator determines appropriate;

(f) the administrator or the administrator's designee with the approval of the administrator may modify a determination made under Section 67-4a-1011 or withdraw it; and

(g) the administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than 20 days after the conference ends.

(3) (a) A conference under Subsection (2) is not an administrative remedy and is not a contested case subject to the state administrative procedure act. (b) An oath is not required and rules of evidence do not apply in the conference.

(a) A conference under Subsection (2) is not an administrative remedy and is not a contested case subject to the state administrative procedure act.

(b) An oath is not required and rules of evidence do not apply in the conference.

(4) At a conference under Subsection (2), the putative holder shall be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to: (a) discuss the determination made under Section 67-4a-1011; and (b) present any issue concerning the validity of the determination.

(a) discuss the determination made under Section 67-4a-1011; and

(b) present any issue concerning the validity of the determination.

(5) If the administrator fails to act within the period prescribed in Subsection (2)(a) or (g), the failure does not affect a right of the administrator, except that interest does not accrue on the amount for which the putative holder was determined to be liable under Section 67-4a-1011 during the period in which the administrator failed to act until the earlier of: (a) the date under Section 67-4a-1103 the putative holder initiates administrative review or files an action under Section 67-4a-1104; or (b) 90 days after the putative holder received notice of the administrator's determination under Section 67-4a-1011 if no review was initiated under Section 67-4a-1103 and no action was filed under Section 67-4a-1104.

(a) the date under Section 67-4a-1103 the putative holder initiates administrative review or files an action under Section 67-4a-1104; or

(b) 90 days after the putative holder received notice of the administrator's determination under Section 67-4a-1011 if no review was initiated under Section 67-4a-1103 and no action was filed under Section 67-4a-1104.

(6) The administrator may hold an informal conference with a putative holder about a determination under Section 67-4a-1011 without a request at any time before the putative holder initiates administrative review under Section 67-4a-1103 or files an action under Section 67-4a-1104.

(7) Interest and penalties under Section 67-4a-1204 continue to accrue on property not reported, paid, or delivered as required by this chapter after the initiation, and during the pendency, of an informal conference under this section.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 1101 - Informal conference.