63A-17-702.  Administrative law judges — Applicability — Destruction of evidence.

(1) 

Terms Used In Utah Code 63A-17-702

  • Administrative law judge: means an individual who is employed or contracted by a state agency who:
(i) presides over or conducts formal administrative hearings on behalf of an agency;
(ii) has the power to administer oaths, rule on the admissibility of evidence, take testimony, evaluate evidence, and make determinations of fact; and
(iii) issues written orders, rulings, or final decisions on behalf of an agency. See Utah Code 63A-17-701
  • Department: means the Department of Government Operations. See Utah Code 63A-1-103
  • Division: means the Division of Human Resource Management, created in Section 63A-17-105. See Utah Code 63A-17-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (a)  Except as provided in Subsections (1)(b) and (2), the provisions of this part apply to an administrative law judge who conducts formal adjudicative proceedings.

    (b)  Except as provided in Subsection (2), the provisions of this part do not apply to an administrative law judge who is employed by or contracts with:

    (i)  the Board of Pardons and Parole;

    (ii)  the Department of Corrections; or

    (iii)  the State Tax Commission.

    (2)  The code of conduct established by the division under Subsection 63A-17-703(4) applies to all administrative law judges.

    (3)  An administrative law judge who tampers with or destroys evidence submitted to the administrative law judge is subject to the provisions of Section 76-8-510.5. This section does not apply to documents destroyed in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

    Renumbered and Amended by Chapter 344, 2021 General Session

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