Utah Admin. Code R477-101-2 - Definitions
In 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.
Notes
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