R728-409-3. Definitions

  (1) Terms used in this rule are defined in Section 53-6-102.

  (2) In addition:

  (a) "ALJ" means an administrative law judge who conducts administrative hearings as described in Subsections 53-6-211(3) and 53-6-309(3);

  (b) "On duty" means that a respondent is:

  (i) actively engaged in any of the duties of the respondent's employment as a peace officer or dispatcher;

  (ii) receiving compensation for activities related to the respondent's employment as a peace officer or dispatcher;

  (iii) on the property of a law enforcement facility, correctional facility or dispatch center;

  (iv) in a law enforcement vehicle which is located in a public place; or

  (v) in a public place and is wearing a badge or uniform, authorized by the respondent's employer, which readily identifies the wearer as a peace officer or dispatcher;

  (c) "Relinquish" means the permanent deprivation of the respondent's certification, to include any and all peace officer or dispatcher certifications, pursuant to Section 53-6-211.5 or 53-6-311, which precludes a respondent from:

  (i) admission into a training program conducted by, or under the approval of, the division; or

  (ii) reinstatement or restoration of the respondent's certification by the division;

  (d) "Respondent" means a peace officer or dispatcher against whom the division has initiated an investigation or adjudicative proceeding under Sections 53-6-211 or 53-6-309;

  (e) "Revocation" means the permanent deprivation of a respondent's certification, to include any and all peace officer or dispatcher certifications, which precludes a respondent from:

  (i) admission into a training program conducted by, or under the approval of, the division; or

  (ii) reinstatement or restoration of the respondent's certification by the division;

  (f) "Sexual conduct" means the touching of the anus, buttocks or any part of the genitals of a person, or the touching of the breast of a female, whether or not through clothing, with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant; and

  (g) "Suspension" means the temporary deprivation of a respondent's certification, to include any and all peace officer or dispatcher certifications; and,

  (h) "Traffic offense" means all offenses in the following parts:

  (i) 41-6a, Part 3, Traffic-Control Devices;

  (ii) 41-6a, Part 6, Speed Restrictions;

  (iii) 41-6a, Part 7, Driving on Right Side of Highway and Passing;

  (iv) 41-6a, Part 8, Turning and Signaling for Turns;

  (v) 41-6a, Part 9, Right-of-Way;

  (vi) 41-6a, Part 10, Pedestrians' Rights and Duties;

  (vii) 41-6a, Part 11, Bicycles, Regulations of Operation;

  (viii) 41-6a, Part 12, Railroad Trains, Railroad Grade Crossings, and Safety Zones;

  (ix) 41-6a, Part 13, School Buses and School Bus Parking Zones;

  (x) 41-6a, Part 14, Stopping, Standing, and Parking;

  (xi) 41-6a, Part 15, Special Vehicles;

  (xii) 41-6a, Part 16, Vehicle Equipment;

  (xiii) 41-6a, Part 17, Miscellaneous Rules; and

  (xiv) 41-6a, Part 18, Motor Vehicle Safety Belt Usage Act.