Section R477-101-2 - DefinitionsIn addition to the terms defined in Section 63A-17-701:
(1) "Administrative Law Judge" (ALJ) includes hearing officers employed or contracted by a state agency that meet the criteria described in Subsection 63A-17-701(1)(a).(2) "Chair" means the Division Director, Division of Human Resource Management, or designee.(3) "Code of conduct" means the Model Code of Judicial Conduct for State Administrative Law Judges, National Association of Administrative Law Judges (November 1993) incorporated by reference.(4) "Committee" means the Administrative Law Judge Committee created in Section 67-19e-108.(5) "Committee meeting" means a proceeding at which a complaint is presented to the committee by the investigator. respondent ALJ shall also have the opportunity to appear and speak regarding the complaint and its allegations.(6) "Complaint" means a written document filed with the Department under Section R477-101-8 alleging misconduct by an ALJ.(7) "Division" means the Division of Human Resource Management.(8) "Final agency action" occurs when the substantive rights or obligations of litigants in an administrative proceeding have been determined or legal consequences flow from a determination and when the agency decision is not preliminary, preparatory, procedural, or intermediate.(9) "Full investigation" means an investigation where the respondent ALJ may respond, in writing, to specific allegations identified in a complaint. A full investigation may also include: examination by the investigator of documents, correspondence, hearing records, transcripts or tapes; interviews of the complainant, counsel, hearing staff, respondent ALJ, interested parties, and other witnesses.(10) "Good cause" means a cause or reason in law, equity, or justice that provides a responsible basis for action or a decision.(11) "Interested party" means an individual or entity who participated in an event or proceeding giving rise to a complaint against the respondent ALJ.(12) "Investigator" means a person employed by the division to perform investigations mandated under Section 63A-17-707 and present information at the committee meeting.(13) "Misconduct" means a violation of the code of conduct or Sections 67-19e-101 and 63A-17-701 through 63A-17-710.(14) "Preliminary investigation" means that portion of an investigation conducted by the division upon receipt of a complaint. A preliminary investigation may include: (a) examination of documents or correspondence; and(b) interviews of the complainant, counsel, hearing staff, and other witnesses.(15) "Respondent ALJ" means an ALJ against whom a complaint is filed.Utah Admin. Code R477-101-2
Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022