63A-17-709.  Procedure for review of complaint by conduct committee.

(1)  Upon a determination that a complaint requires further action, the director shall select four executive directors or their designees and convene the committee. The executive director of the agency that employs or contracts with the administrative law judge who is the subject of the complaint may not be a member of the committee.

Terms Used In Utah Code 63A-17-709

  • 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
  • Committee: means the Administrative Law Judge Conduct Committee created in Section 63A-17-708. See Utah Code 63A-17-701
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Director: means the director of the division. 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
  • Employee: means any individual in a paid status covered by the career service or classified service provisions of this chapter. See Utah Code 63A-17-102
  • Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
    • (2)  The division shall provide a copy of the complaint, along with the results of the division’s investigation, to the committee and the administrative law judge who is the subject of the complaint. If the committee directs, a copy of the complaint and investigation may also be provided to the attorney general.

    (3)  The committee shall allow an administrative law judge who is the subject of a complaint to appear and speak at any committee meeting, except a closed meeting, during which the committee is deliberating the complaint.

    (4)  The committee may meet in a closed meeting to discuss a complaint against an administrative law judge by complying with Title 52, Chapter 4, Open and Public Meetings Act.

    (5)  After deliberation and discussion of the complaint and all information provided, the committee shall provide a report, with a recommendation, to the agency. The recommendation shall include:

    (a)  a brief description of the complaint and results of the division’s investigation;

    (b)  the committee’s findings; and

    (c)  a recommendation from the committee whether action should be taken against the administrative law judge.

    (6)  Actions recommended by the committee may include no action, disciplinary action, termination, or any other action an employer may take against an employee.

    (7)  The record of an individual committee member’s vote on recommended actions against an administrative law judge is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act.

    Renumbered and Amended by Chapter 344, 2021 General Session

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