53A-6-601 - Definition.
53A-6-601. Definition.
As used in this part "hearing" means a proceeding held in accordance with generallyaccepted principles of due process and administrative law in which definite issues of fact or oflaw are tried before a hearing body, and in which proceeding evidence is presented and witnessesheard, 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-examinewitnesses, or subpoena witnesses; and
(2) obtain a decision based solely upon evidence presented to the hearing body in thepresence of both parties or representatives of both parties, recognizing that presence is satisfied ifa party has been given a reasonable opportunity to attend, even if the party fails to do so.
Enacted by Chapter 108, 1999 General Session