53A-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.
Enacted by Chapter 108, 1999 General Session
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Last revised: Thursday, May 28, 2009