(1) Each year that an administrative law judge receives a performance evaluation conducted by the division under this chapter, the administrative law judge shall complete the procedural fairness training program described in this section.

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Terms Used In Utah Code 63A-17-710

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The division 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:

     (3)(a) neutrality, including:

          (3)(a)(i) consistent and equal treatment of the individuals who appear before the administrative law judge;
          (3)(a)(ii) concern for the individual needs of the individuals who appear before the administrative law judge; and
          (3)(a)(iii) unhurried and careful deliberation;
     (3)(b) respectful treatment of others; and
     (3)(c) providing individuals a voice and opportunity to be heard.
(4) The division may contract with a public or private person to develop or provide the procedural fairness training program.
(5) The division shall ensure that the procedural fairness training program complies with Title 63G, Chapter 22, State Training and Certification Requirements.