UOSH Notice of Contest Hearings
Utah Occupational Safety and Health Penalty Appeal
A Notice of Contest filed with the Adjudication Division begins a formal adjudication. The Adjudication Division sends notice to the parties that an adjudication has begun. An Order setting a timetable for the parties to exchange information relevant to the case and to set deadlines for the judge to make a ruling on a party’s motion to decide the case without a hearing is mailed. This Order is not issued until 90 days after the adjudication begins to give the parties time to participate in an informal conference. A hearing may also be scheduled for some time in the future, or it may be scheduled only after the judge makes a ruling on whether or not the case can be decided without a hearing. The Division conducts its hearings as formal hearings under the Utah Administrative Procedures Act.
The only Commission form required to be used in the hearing process is the subpoena form. All subpoenas must be issued by the judge.
Who Can File?
An individual who is a party to a case may represent him/herself. A corporation who is a party to a case must be represented by legal counsel who is duly admitted and licensed to practice law in Utah. Anyone representing a party to a case must also be duly admitted and licensed to practice law in the State of Utah.