R477-101-2. Definitions

  In addition to the terms defined in Utah Code Section 67-19e-102:

  (1) "Administrative Law Judge" (ALJ) includes Hearing Officers employed or contracted by a state agency that meet the criteria described in Utah Code Section 67-19e-102(1)(a).

  (2) "Chair" means the Executive Director, Department of Human Resource Management, or designee.

  (3) "Code of Conduct" means the Model Code of Judicial Conduct for State Administrative Law Judges, National Association of Administrative Law Judges (November 1993) incorporated by reference.

  (4) "Committee" means the Administrative Law Judge Committee created in Utah Code Section 67-19e-108.

  (5) "Committee Meeting" means a proceeding at which a Complaint is presented to the Committee by the investigator. Respondent ALJ shall also have the opportunity to appear and speak regarding the Complaint and its allegations.

  (6) "Complaint" means a written document filed with the Department pursuant to Utah Administrative Code R477-101-8 alleging Misconduct by an ALJ.

  (7) "Department" means the Department of Human Resource Management.

  (8) "Final Agency Action" occurs when the substantive rights or obligations of litigants in an administrative proceeding have been determined or legal consequences flow from a determination and when the agency decision is not preliminary, preparatory, procedural or intermediate.

  (9) "Full investigation" means that portion of an investigation where the Respondent ALJ may respond, in writing, to specific allegations identified in a Complaint. A Full Investigation may also include, but is not limited to: examination by the Investigator of documents, correspondence, hearing records, transcripts or tapes; interviews of the complainant, counsel, hearing staff, Respondent ALJ, interested parties, and other witnesses.

  (10) "Good cause" means a cause or reason in law, equity or justice that provides responsible basis for action or a decision.

  (11) "Interested Party" means an individual or entity who participated in an event or proceeding giving rise to a Complaint against the Respondent ALJ.

  (12) "Investigator" means a person employed by the department to perform investigations mandated under Utah Code Section 67-19e-107 and present information at the Committee Meeting.

  (13) "Misconduct" means a violation of the Code of Conduct or Utah Code Section 67-19e-101 et seq.

  (14) "Preliminary Investigation" means that portion of an investigation conducted by the Department upon receipt of a Complaint. A Preliminary Investigation may include, but is not limited to: examination of documents, correspondence, interviews of the complainant, counsel, hearing staff, and other witnesses.

  (15) "Respondent ALJ" means an ALJ against whom a Complaint is filed.