Utah Code 63A-17-706. Performance surveys
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(1) All administrative law judges shall be on a four-year staggered cycle for performance evaluations.
Terms Used In Utah Code 63A-17-706
- Administrative law judge: means an individual who is employed or contracted by a state agency who:(1)(a)(i) presides over or conducts formal administrative hearings on behalf of an agency;(1)(a)(ii) has the power to administer oaths, rule on the admissibility of evidence, take testimony, evaluate evidence, and make determinations of fact; and(1)(a)(iii) issues written orders, rulings, or final decisions on behalf of an agency. See Utah Code 63A-17-701
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Committee: means the Administrative Law Judge Conduct Committee created in Section 63A-17-708. See Utah Code 63A-17-701
- Department: means the Department of Government Operations. See Utah Code 63A-1-103
- Division: means the Division of Human Resource Management, created in Section
63A-17-105 . See Utah Code 63A-17-102- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(2) The performance survey shall include as respondents a sample of each of the following groups as applicable:(2)(a) attorneys who have appeared before the administrative law judge as counsel; and(2)(b) staff who have worked with the administrative law judge.(3) The division may include an additional classification of respondents if the division:(3)(a) considers a survey of that classification of respondents helpful to the division; and(3)(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 provides any information to an administrative law judge or the committee, the information shall be provided in a manner to protect the confidentiality of a survey respondent.(6) If the division 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:(7)(a) neutrality, including:(7)(a)(i) consistent and equal treatment of the individuals who appear before the administrative law judge;(7)(a)(ii) concern for the individual needs of the individuals who appear before the administrative law judge; and(7)(a)(iii) careful deliberation;(7)(b) respectful treatment of others; and(7)(c) providing individuals a voice and opportunity to be heard.(8) The performance survey may include questions concerning an administrative law judge’s:(8)(a) legal ability, including the following:(8)(a)(i) demonstration of understanding of the substantive law and any relevant rules of procedure and evidence;(8)(a)(ii) attentiveness to factual and legal issues before the administrative law judge;(8)(a)(iii) adherence to precedent and ability to clearly explain departures from precedent;(8)(a)(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;(8)(a)(v) ability to write clear opinions and decisions; and(8)(a)(vi) ability to clearly explain the legal basis for opinions;(8)(b) temperament and integrity, including the following:(8)(b)(i) demonstration of courtesy toward attorneys, staff, and others in the administrative law judge’s department;(8)(b)(ii) maintenance of decorum in the courtroom;(8)(b)(iii) demonstration of judicial demeanor and personal attributes that promote public trust and confidence in the administrative law judge system;(8)(b)(iv) preparedness for oral argument;(8)(b)(v) avoidance of impropriety or the appearance of impropriety;(8)(b)(vi) display of fairness and impartiality toward all parties; and(8)(b)(vii) ability to clearly communicate, including the ability to explain the basis for written rulings, court procedures, and decisions; and(8)(c) administrative performance, including the following:(8)(c)(i) management of workload;(8)(c)(ii) sharing proportionally the workload within the division; and(8)(c)(iii) issuance of opinions and orders without unnecessary delay.(9) If the division determines that a certain survey question or category of questions is not appropriate for a respondent group, the division may omit that question or category of questions from the survey provided to that respondent group.(10)(10)(a) The survey shall allow respondents to indicate responses in a manner determined by the division, which shall be:(10)(a)(i) on a numerical scale from one to five; or(10)(a)(ii) in the affirmative or negative, with an option to indicate the respondent’s inability to respond in the affirmative or negative.(10)(b) To supplement the responses to questions on either a numerical scale or in the affirmative or negative, the division may allow respondents to provide written comments.(11) The division 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.