Utah Admin. Code R728-409-3 - Definitions
(1) Terms used in this rule are defined in
Section 53-6-102.
(2) In addition:
(a) "ALJ" means an administrative law judge
who conducts administrative hearings as described in Subsections
53-6-211(3) and
53-6-309(3);
(b) "On duty" means that a respondent is:
(i) actively engaged in any of the duties of
the respondent's employment as a peace officer or dispatcher;
(ii) receiving compensation for activities
related to the respondent's employment as a peace officer or
dispatcher;
(iii) on the property
of a law enforcement facility, correctional facility or dispatch
center;
(iv) in a law enforcement
vehicle that is located in a public place; or
(v) in a public place and is wearing a badge
or uniform, authorized by the respondent's employer, that readily identifies
the wearer as a peace officer or dispatcher;
(c) "Relinquish" means the permanent
surrender of the individual's certification, to include each peace officer or
dispatcher certification that precludes an individual from:
(i) admission into a training program
conducted by the division, or an entity approved by the division; or
(ii) reinstatement or restoration of the
individual's certification by the division;
(d) "Respondent" means a peace officer or
dispatcher against whom the division has initiated an investigation or
adjudicative proceeding under Section
53-6-211 or
53-6-309;
(e) "Revocation" means the permanent
deprivation of a respondent's certification, to include each peace officer or
dispatcher certification, that precludes a respondent from:
(i) admission into a training program
conducted by the division, or an entity approved by the division; or
(ii) reinstatement or restoration of the
respondent's certification by the division;
(f) "Sexual conduct" means:
(i) acts of masturbation, sexual intercourse,
or any touching of the anus, buttocks, or any part of the genitals of a person,
or the touching of the breast of a female, whether or not through clothing,
with the intent to arouse or gratify the sexual desire of any person regardless
of the sex of any participant;
(ii)
soliciting, requesting, or directing another individual to engage in any of the
acts described in Subsection
R728-409-3(2)(f)(i);
or
(iii) the sending, transmitting,
giving, exchanging, selling, soliciting, or posting, through any means, a
sexual image as defined in Subsection
R728-409-3(2)(g),
by a certified peace officer or dispatcher:
(A) while on duty;
(B) while off duty if the sexual image
depicts the certified peace officer or dispatcher in uniform or depicts any
official peace officer or dispatcher symbols, insignia, or clothing;
or
(C) while off duty, to a
certified peace officer or dispatcher while the recipient is on duty and the
transmitting peace officer or dispatcher has reason to believe the recipient is
on duty at the time of the transmission.
(iv) "Sexual conduct" does not mean any
actions performed for a legitimate law enforcement purpose.
(g) "Sexual image" means any
visual depiction, photograph, film, video, records, or picture that depicts:
(i) exposed human male or female genitals or
pubic area, with less than an opaque covering;
(ii) a female breast with less than an opaque
covering or any portion of the female breast below the top of the
areola;
(iii) an individual engaged
in any sexually explicit conduct; or
(iv) a visual depiction of nudity or partial
nudity.
(h) "Suspension"
means the temporary deprivation of a respondent's certification, to include
each peace officer or dispatcher certification; and
(i) "Traffic offense" means an offense named
in Title 41, Section 6a, Traffic Code, except for offenses named in:
(i) Title 41, Section 6a, Part 1, General
Provisions;
(ii) Title 41, Section
6a, Part 2, Applicability and Obedience to Traffic Laws; and
(iii) Title 41, Section 6a, Part 5, Driving
Under the Influence and Reckless Driving.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Terms used in this rule are defined in Section 53-6-102.
(2) In addition :
(a) "ALJ" means an administrative law judge who conducts administrative hearings as described in Subsections 53-6-211(3) and 53-6-309(3);
(b) "On duty" means that a respondent is:
(i) actively engaged in any of the duties of the respondent's employment as a peace officer or dispatcher;
(ii) receiving compensation for activities related to the respondent's employment as a peace officer or dispatcher;
(iii) on the property of a law enforcement facility, correctional facility or dispatch center;
(iv) in a law enforcement vehicle that is located in a public place; or
(v) in a public place and is wearing a badge or uniform, authorized by the respondent's employer, that readily identifies the wearer as a peace officer or dispatcher;
(c) "Relinquish" means the permanent deprivation of the respondent's certification, to include each peace officer or dispatcher certification, pursuant to Section 53-6-211.5 or 53-6-311, that precludes a respondent from:
(i) admission into a training program conducted by the division, or an entity approved by the division; or
(ii) reinstatement or restoration of the respondent's certification by the division;
(d) "Respondent" means a peace officer or dispatcher against whom the division has initiated an investigation or adjudicative proceeding under Sections 53-6-211 or 53-6-309;
(e) "Revocation" means the permanent deprivation of a respondent's certification, to include each peace officer or dispatcher certification, that precludes a respondent from:
(i) admission into a training program conducted by the division, or an entity approved by the division; or
(ii) reinstatement or restoration of the respondent's certification by the division;
(f) "Sexual conduct" means the touching of the anus, buttocks or any part of the genitals of a person, or the touching of the breast of a female, whether or not through clothing, with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant;
(g) "Suspension" means the temporary deprivation of a respondent's certification, to include each peace officer or dispatcher certification; and
(h) "Traffic offense" means an offense named in the following parts:
(i) Title 41, Section 6a, Part 3, Traffic-Control Devices;
(ii) Title 41, Section 6a, Part 6, Speed Restrictions;
(iii) Title 41, Section 6a, Part 7, Driving on Right Side of Highway and Passing;
(iv) Title 41, Section 6a, Part 8, Turning and Signaling for Turns;
(v) Title 41, Section 6a, Part 9, Right-of-Way ;
(vi) Title 41, Section 6a, Part 10, Pedestrians' Rights and Duties;
(vii) Title 41, Section 6a, Part 11, Bicycles, Regulations of Operation;
(viii) Title 41, Section 6a, Part 12, Railroad Trains, Railroad Grade Crossings, and Safety Zones;
(ix) Title 41, Section 6a, Part 13, School Buses and School Bus Parking Zones;
(x) Title 41, Section 6a, Part 14, Stopping, Standing, and Parking;
(xi) Title 41, Section 6a, Part 15, Special Vehicles;
(xii) Title 41, Section 6a, Part 16, Vehicle Equipment;
(xiii) Title 41, Section 6a, Part 17, Miscellaneous Rules; and
(xiv) Title 41, Section 6a, Part 18, Motor Vehicle Safety Belt Usage Act.