R25-3-2. Definitions

  Terms used in this rule are defined in Subsection 63A-3-110(1).

  In addition:

  "Administrator" means the Department of Administrative Services Division of Finance Director or designee.

  "Appeal" means a formal request to a higher level of review of a lower level decision.

  "Appeal Authority" means the individual(s) designated by the Administrator to act as the Appeal Authority hearing officer(s).

  "Appellant" means the person who requested the review hearing.

  "Extraordinary Circumstances" means a failure to take proper steps at the proper time, not in consequence of the person's own carelessness, inattention, lack of preparation, or willful disregard in the processing of an Appeal, but in consequence of some unexpected or unavoidable hindrance or accident.

  "Party(ies)" means the officer or employee commencing a Request for Review, all respondents, and all persons authorized by statute or agency rule to participate as Parties in an adjudicative proceeding.

  "Personal Use Expenditure" means an expenditure made without the authority of law that is not directly related to the performance of an activity as a state officer or employee; primarily furthers a personal interest or a state officer or employee or a state officer's or employee's family, friend, or associate; and would constitute taxable income under federal law. It does not include a de minimis or incidental expenditure, or a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to travel to and from the officer's or employee's official duties, including a minimal allowance for a detour as provided by the state.

  "Request for Review" means a formal request, in writing, for an informal hearing before the Appeal Authority.

  "Responsible Governmental Entity" means the governmental entity from whose fund or account the Personal Use Expenditure or the payment for the indebtedness or liability for a Personal Use Expenditure was disbursed.

  "Responsible Governmental Entity Head" means the executive director, commissioner, chief justice, or other top executive of the Responsible Governmental Entity, or a designee.