63A-17-705.  Performance evaluation of administrative law judges.

(1)  The division shall prepare a performance evaluation for each administrative law judge contracted or employed by a state agency.

Terms Used In Utah Code 63A-17-705

  • 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
  • Agency: means any department or unit of Utah state government with authority to employ personnel. See Utah Code 63A-17-102
  • Division: means the Division of Human Resource Management, created in Section 63A-17-105. See Utah Code 63A-17-102
  • 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
    • (2)  The performance evaluation for an administrative law judge shall include:

    (a)  the results of the administrative law judge’s performance evaluations conducted by the employing agency since the administrative law judge’s last performance evaluation conducted by the division in accordance with the performance evaluation procedure for the agency;

    (b)  information from the employing agency concerning the administrative law judge’s compliance with minimum performance standards;

    (c)  the administrative law judge’s disciplinary record, if any;

    (d)  the results of any performance surveys conducted since the administrative law judge’s last performance review conducted by the division; and

    (e)  any other factor that the division considers relevant to evaluating the administrative law judge’s performance.

    (3)  If an administrative law judge fails to meet the minimum performance standards the division shall provide a copy of the performance evaluation and survey to the employing agency.

    (4)  The division shall conduct performance reviews every four years for administrative law judges contracted or employed by an agency.

    Renumbered and Amended by Chapter 344, 2021 General Session

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