Utah Admin. Code R477-101-9 - Investigation

(1) Preliminary investigation.

(a) The division shall review any timely filed complaints and shall, regardless of whether the allegations contained therein would constitute misconduct if true, conduct a preliminary investigation.

(b) If the preliminary investigation determines that the complaint is untimely, frivolous, without merit, or if the complaint merely indicates disagreement with the respondent ALJ's decision, without further alleged misconduct, the complaint may be dismissed without further action.

(c) If, after a preliminary investigation is completed, there is a reasonable basis to find misconduct occurred, the investigator shall initiate a full investigation.

(2) Full investigation.

Within ten days after a determination to conduct a full investigation is made, the investigator shall notify the respondent ALJ that a full investigation is being conducted. The notice shall:

(a) inform the respondent ALJ of the specific facts and allegations being investigated and the canons or statutory provisions allegedly violated;

(b) inform the respondent ALJ that the investigation may be expanded if appropriate;

(c) invite the respondent ALJ to respond to the complaint in writing within ten working days;

(d) include a copy of the complaint, any preliminary investigation reports, and any other documentation reviewed in determining whether to authorize a full investigation; and

(e) inform the respondent ALG that a full investigation shall be completed within three months of the determination to conduct a full investigation unless continued by the chair.

Notes

Utah Admin. Code R477-101-9

Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018 Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020 Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021 Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022