Utah Admin. Code R477-101-13 - Committee Meetings
(1) The chair shall rule
on any motions or objections raised during a committee meeting, set reasonable
limits on the statements or documents presented, including any statements from the
complainant. The chair may limit the time allowed for the presentation of
information, may bifurcate any issues to be considered, and may make any other
rulings regarding any committee proceeding or committee meeting.
(2) A committee meeting may not be held unless at
least three members of the committee present.
(3) The respondent ALJ may present information to,
make statements, and produce witnesses for the committee's consideration.
(4) Committee members may ask questions of any
witness including the respondent ALJ.
(5) Immediately following the conclusion of the
committee meeting, the committee shall deliberate and decide whether there is
sufficient evidence the respondent ALJ violated the code of conduct or otherwise
engaged in misconduct. Any such decision shall require a majority vote of the
participating committee members.
(6) The
committee shall use the preponderance of the evidence standard when making
decisions.
(7) Within 30 days of the
conclusion of the committee meeting, the chair shall prepare a memorandum decision
or report, with a recommendation for any proposed personnel action, and shall
forward the decision and recommendation to the respondent ALJ and the agency head of
the respondent ALJ.
(8) After
deliberation, if the committee finds insufficient evidence or reason to determine
misconduct occurred, the complaint shall be dismissed.
Notes
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