Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 274 First Substitute (2024GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Vetoed 3/21/2024

Outcome

Vetoed

Summary

What it does

• This bill:
• modifies definitions;
• requires all administrative law judges hired on or after June 30, 2025, to be employees of the Office of the Attorney General;
• requires all administrative law judges to be employed by the Office of the Attorney General no later than July 1, 2026;
• creates a position of director of administrative law judges in the Office of the Attorney General;
• modifies provisions relating to the supervision and management of administrative law judges;
• modifies the membership and procedures of the Administrative Law Judge Conduct Committee; and
• modifies provisions related to the hiring, supervision, and management of administrative law judges.

Every vote on this bill

Bill text

ADMINISTRATIVE LAW JUDGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions relating to administrative law judges.
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ requires all administrative law judges hired on or after June 30, 2025, to be
employees of the Office of the Attorney General;
▸ requires all administrative law judges to be employed by the Office of the Attorney
General no later than July 1, 2026;
▸ creates a position of director of administrative law judges in the Office of the
Attorney General;
▸ modifies provisions relating to the supervision and management of administrative
law judges;
▸ modifies the membership and procedures of the Administrative Law Judge Conduct
Committee; and
▸ modifies provisions related to the hiring, supervision, and management of
administrative law judges.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
67-5-1003
, Utah Code Annotated 1953
67-5-1006
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
67-5-1001
, (Renumbered from 63A-17-701, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1002
, (Renumbered from 63A-17-702, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1004
, (Renumbered from 63A-17-703, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1005
, (Renumbered from 63A-17-704, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1009
, (Renumbered from 63A-17-705, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1010
, (Renumbered from 63A-17-706, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1011
, (Renumbered from 63A-17-710, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1015
, (Renumbered from 63A-17-708, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1016
, (Renumbered from 63A-17-707, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-5-1017
, (Renumbered from 63A-17-709, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
67-5-1001
, which is renumbered from Section 63A-17-701 is
renumbered and amended to read:
Part 10 - Administrative Law Judges. 
[
63A-17-701
].
 67-5-1001.
Definitions.
[
In addition to the definitions found in Section 
63A-17-102
, as
] 
As
 used in this part:
(1) (a) "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.
(b) "Administrative law judge" does not mean:
(i) an individual who reviews an order or ruling of an administrative law judge; or
(ii) the executive director of a state agency.
(2) "Committee" means the Administrative Law Judge Conduct Committee created in
Section [
63A-17-708
] 
67-5-1015
.
(3) "Director" means the director of administrative law judges as established in Section
67-5-1003
.
Section 2. Section 
67-5-1002
, which is renumbered from Section 63A-17-702 is
renumbered and amended to read:
[
63A-17-702
].
 67-5-1002.
Administrative law judges -- Employment by
Office of Attorney General -- Destruction of evidence.
(1) [
(a) Except as provided in Subsections (1)(b) and (2), the
] 
The
 provisions of this
part apply to an administrative law judge [
who conducts formal adjudicative proceedings
]
regardless of the agency for which the administrative law judge provides services
.
[
(b) Except as provided in Subsection (2), the provisions of this part do not apply to an
administrative law judge who is employed by or contracts with:
]
[
(i) the Board of Pardons and Parole;
]
[
(ii) the Department of Corrections; or
]
[
(iii) the State Tax Commission.
]
[
(2) The code of conduct established by the division under Subsection 
63A-17-703
(4)
applies to all administrative law judges.
]
[
(3)
] 
(2) (a) Any administrative law judge hired on or after June 30, 2025, shall be
employed by the Office of the Attorney General.
(b) Beginning no later than July 1, 2026, every administrative law judge shall be an
employee of the Office of the Attorney General, and shall serve under the supervision of the
director of administrative law judges established in Section 
67-5-1003
.
(3) (a)
 An administrative law judge who tampers with or destroys evidence submitted
to the administrative law judge is subject to the provisions of Section 
76-8-510.5
. [
This
section does not apply to documents destroyed in accordance with
]
(b) An administrative law judge is required to comply with the document management,
disclosure, and preservation requirements of
 Title 63G, Chapter 2, Government Records
Access and Management Act.
Section 3. Section 
67-5-1003
 is enacted to read:
 67-5-1003.
Director of administrative law judges.
(1) The attorney general shall appoint an individual to serve as the director of
administrative law judges.
(2) The director shall be employed by the Office of the Attorney General.
(3) The director shall:
(a) supervise and evaluate each administrative law judge;
(b) determine general job responsibilities and agency assignments for each
administrative law judge;
(c) assign each administrative law judge to an agency or agencies;
(d) approve agency-specific job standards, duties, workload, and duties for
administrative law judges, in consultation with an agency for which the administrative law
judge serves;
(e) consult with agencies that use the services of an administrative law judge in order
to determine agency personnel and workload needs;
(f) conduct evaluations and surveys as provided for in this part; and
(g) report on the performance and activities of administrative law judges to the attorney
general.
Section 4. Section 
67-5-1004
, which is renumbered from Section 63A-17-703 is
renumbered and amended to read:
[
63A-17-703
].
 67-5-1004.
Rulemaking authority.
The [
division
] 
director
 shall make rules 
required in order to administer the requirements
of this part
, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(1) establishing minimum performance standards for all administrative law judges;
(2) providing procedures for filing, addressing, and reviewing complaints against
administrative law judges;
(3) providing standards for complaints against administrative law judges;
(4) promulgating a code of conduct [
for all administrative law judges in all state
agencies
] 
that applies to each administrative law judge, regardless of the agency for which the
administrative law judge serves
; and
(5) establishing a procedural fairness training program as described in Section
[
63A-17-709
] 
67-5-1011
.
Section 5. Section 
67-5-1005
, which is renumbered from Section 63A-17-704 is
renumbered and amended to read:
[
63A-17-704
].
 67-5-1005.
Hiring of administrative law judges.
(1) [
Except as provided in Subsection (6), each
] 
Each
 administrative law judge hired
on or after [
May 10, 2016
] 
June 30, 2025
, shall be hired in accordance with this section.
(2) If an applicant for an administrative law judge position is selected for an interview
in accordance with applicable law and division rule, the [
agency
] 
Office of the Attorney
General
 shall interview the applicant by means of a hiring panel.
(3) The hiring panel described in Subsection (2) shall consist of:
(a) the head of the [
hiring
] agency 
for which the administrative law judge will
primarily perform services
;
(b) the head of another agency[
, appointed by the director
] 
that uses the services of an
administrative law judge, as selected by the director of administrative law judges
; and
(c) the director 
of administrative law judges
.
(4) Each individual described in Subsection (3) may designate another individual to
serve on the hiring panel on the individual's behalf.
(5) After the hiring panel completes the interviews for an administrative law judge
position:
(a) the hiring panel shall select the top three applicants for the administrative law judge
position; and
(b) the head of the hiring agency shall:
(i) consider any opinions or feedback from the other members of the hiring panel with
respect to the top three applicants; and
(ii) (A) hire an applicant from the top three applicants to fill the administrative law
judge position; or
(B) decide not to hire any of the top three applicants and restart the hiring process to
fill the administrative law judge position.
[
(6) This section does not apply to an administrative law judge who is appointed by the
governor.
] 
Section 6. Section 
67-5-1006
 is enacted to read:
 67-5-1006.
Assignment of administrative law judges.
(1) An agency may request the assignment of an administrative law judge by
submitting a request to the director of administrative law judges.
(2) An agency may request the services of an administrative law judge on a specific
hearing or matter by submitting a request to the director of administrative law judges.
Section 7. Section 
67-5-1009
, which is renumbered from Section 63A-17-705 is
renumbered and amended to read:
[
63A-17-705
].
 67-5-1009.
Performance evaluation of administrative law
judges.
(1) The [
division
] 
director of administrative law judges
 shall [
prepare
] 
conduct
 a
performance evaluation for each administrative law judge [
contracted or employed by a state
agency
] 
during the year that is set for a performance evaluation under Section 
63A-17-706
,
which shall be scheduled in a manner that ensures that a performance evaluation is conducted
at least every four years of the administrative law judge's employment
.
(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
] 
a performance evaluation, which shall include information showing the administrative
law judge's compliance with minimum performance standards, that is conducted and provided
by:
(i) the agency at which the administrative law judge primarily serves; and
(ii) if the administrative law judge conducts at least one third of their caseload at a
second agency, that second agency
;
[
(b) information from the employing agency concerning the administrative law judge's
compliance with minimum performance standards;
]
[
(c)
] 
(b)
 the administrative law judge's disciplinary record, if any;
[
(d)
] 
(c)
 the results of any performance surveys conducted since the administrative law
judge's last performance review [
conducted by the division
]; and
[
(e)
] 
(d)
 any other factor that the [
division
] 
director of administrative law judges
considers relevant to evaluating the administrative law judge's performance.
(3) If 
the director of administrative law judges determines that
 an administrative law
judge [
fails
] 
has failed
 to meet the minimum performance standards
,
 the [
division
] 
director of
administrative law judges
 shall provide a copy of the performance evaluation and survey to [
the
employing agency
] 
each agency at which the administrative law judge serves
.
[
(4) The division shall conduct performance reviews every four years for
administrative law judges contracted or employed by an agency.
]
Section 8. Section 
67-5-1010
, which is renumbered from Section 63A-17-706 is
renumbered and amended to read:
[
63A-17-706
].
 67-5-1010.
Performance surveys.
(1) All administrative law judges shall be on a four-year staggered cycle for
performance evaluations.
(2) The performance survey shall include as respondents a sample of each of the
following groups as applicable:
(a) attorneys who have appeared before the administrative law judge as counsel; and
(b) staff who have worked with the administrative law judge.
(3) The [
division
] 
director of administrative law judges
 may include an additional
classification of respondents if the [
division
] 
director
:
(a) considers a survey of that classification of respondents helpful to the [
division
]
director's evaluation
; and
(b) establishes the additional classification of respondents by rule [
made
] in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) A survey response is anonymous, including any comment included with a survey
response.
(5) If the [
division
] 
director of administrative law judges
 provides any information to
an administrative law judge or [
the committee
] 
to another entity
, the information shall be
provided in a manner to protect the confidentiality of a survey respondent.
(6) If the [
division
] 
director of administrative law judges
 establishes an additional
classification, in accordance with Subsection (3), a survey shall be provided to a potential
survey respondent within 30 days of the day on which the case in which the person appeared
before the administrative law judge is closed, exclusive of any appeal. Staff and attorneys may
be surveyed at any time during the survey period.
(7) The performance survey shall include questions relating to whether the
administrative law judge's behavior furthers the following elements of procedural fairness:
(a) neutrality, including:
(i) consistent and equal treatment of the individuals who appear before the
administrative law judge;
(ii) concern for the individual needs of the individuals who appear before the
administrative law judge; and
(iii) careful deliberation;
(b) respectful treatment of others; and
(c) providing individuals a voice and opportunity to be heard.
(8) The performance survey may include questions concerning an administrative law
judge's:
(a) legal ability, including the following:
(i) demonstration of understanding of the substantive law and any relevant rules of
procedure and evidence;
(ii) attentiveness to factual and legal issues before the administrative law judge;
(iii) adherence to precedent and ability to clearly explain departures from precedent;
(iv) grasp of the practical impact on the parties of the administrative law judge's
rulings, including the effect of delay and increased litigation expense;
(v) ability to write clear opinions and decisions; and
(vi) ability to clearly explain the legal basis for opinions;
(b) temperament and integrity, including the following:
(i) demonstration of courtesy toward attorneys, staff, and others in the administrative
law judge's department;
(ii) maintenance of decorum in the courtroom;
(iii) demonstration of judicial demeanor and personal attributes that promote public
trust and confidence in the administrative law judge system;
(iv) preparedness for oral argument;
(v) avoidance of impropriety or the appearance of impropriety;
(vi) display of fairness and impartiality toward all parties; and
(vii) ability to clearly communicate, including the ability to explain the basis for
written rulings, court procedures, and decisions; and
(c) administrative performance, including the following:
(i) management of workload;
(ii) sharing proportionally the workload within the division; and
(iii) issuance of opinions and orders without unnecessary delay.
(9) If the [
division
] 
director of administrative law judges
 determines that a certain
survey question or category of questions is not appropriate for a respondent group, the
[
division
] 
director
 may omit that question or category of questions from the survey provided to
that respondent group.
(10) (a) The survey shall allow respondents to indicate responses in a manner
determined by the [
division
] 
director
, which shall be:
(i) on a numerical scale from one to five; or
(ii) in the affirmative or negative, with an option to indicate the respondent's inability
to respond in the affirmative or negative.
(b) To supplement the responses to questions on either a numerical scale or in the
affirmative or negative, the [
division
] 
director
 may allow respondents to provide written
comments.
(11) The [
division
] 
director of administrative law judges
 shall compile and make
available to each administrative law judge that administrative law judge's survey results with
each of the administrative law judge's performance evaluations.
Section 9. Section 
67-5-1011
, which is renumbered from Section 63A-17-710 is
renumbered and amended to read:
[
63A-17-710
].
 67-5-1011.
Required training.
(1) Each year that an administrative law judge receives a performance evaluation
conducted by the [
division
] 
director of administrative law judges
 under this chapter, the
administrative law judge shall complete the procedural fairness training program described in
this section.
(2) The [
division
] 
director
 shall establish a procedural fairness training program that
includes training on how an administrative law judge's actions and behavior influence others'
perceptions of the fairness of the adjudicative process.
(3) The procedural fairness training program shall include discussion of the following
elements of procedural fairness:
(a) neutrality, including:
(i) consistent and equal treatment of the individuals who appear before the
administrative law judge;
(ii) concern for the individual needs of the individuals who appear before the
administrative law judge; and
(iii) unhurried and careful deliberation;
(b) respectful treatment of others; and
(c) providing individuals a voice and opportunity to be heard.
(4) The [
division
] 
director
 may contract with a public or private person to develop or
provide the procedural fairness training program.
(5) The [
division
] 
director
 shall ensure that the procedural fairness training program
complies with Title 63G, Chapter 22, State Training and Certification Requirements. 
Section 10. Section 
67-5-1015
, which is renumbered from Section 63A-17-708 is
renumbered and amended to read:
[
63A-17-708
].
 67-5-1015.
Administrative Law Judge Conduct Committee.
(1) There is created the Administrative Law Judge Conduct Committee to investigate,
review, and hear complaints filed against administrative law judges.
(2) The committee shall be composed of:
(a) the director 
of administrative law judges
, or the director's designee, as chair; and
(b) four executive directors, or their designees, of agencies that [
employ or contract
with
] 
use the services of
 administrative law judges, to be selected by the director
, and replaced
to fill vacancies
 as needed.
(3) The [
division
] 
Office of the Attorney General
 shall provide staff for the committee
as needed.
Section 11. Section 
67-5-1016
, which is renumbered from Section 63A-17-707 is
renumbered and amended to read:
[
63A-17-707
].
 67-5-1016.
Complaints.
(1) A complaint against an administrative law judge shall be filed with the [
division
]
director of administrative law judges
.
(2) Upon receipt of a complaint, the [
division
] 
director
 shall conduct an investigation.
(3) If the [
division's
] 
director's
 investigation determines that the complaint is frivolous
or without merit, [
it
] 
the director
 may dismiss [
it
] 
the complaint
 without further action. A
complaint that merely indicates disagreement, without further misconduct, with the
administrative law judge's decision shall be treated as without merit.
(4) The contents of all complaints and subsequent investigations are classified as
protected under Title 63G, Chapter 2, Government Records Access and Management Act.
Section 12. Section 
67-5-1017
, which is renumbered from Section 63A-17-709 is
renumbered and amended to read:
[
63A-17-709
].
 67-5-1017.
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
] 
of administrative law judges shall
convene the committee 
to review the complaint
. The executive director of [
the agency that
employs or contracts with
] 
an agency where
 the administrative law judge who is the subject of
the complaint 
performs services
 may not be a member of the committee. 
The director of
administrative law judges shall appoint an executive director of an agency that uses the services
of administrative law judges, or their designee, to temporarily serve in the place of any
commission member that is disqualified to review a complaint under this Subsection (1).
(2) The [
division
] 
director
 shall provide a copy of the complaint, along with the results
of the [
division's
] 
director'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
] 
Office of the
Attorney General, with a copy to each agency at which the administrative law judge serves
. 
The recommendation shall include:
(a) a brief description of the complaint and results of the [
division's
] 
director'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.
Section 13. 
Effective date.
This bill takes effect on July 1, 2025.