Section 702 – Administrative law judges — Applicability — Destruction of evidence.

• (1)
  • (a) Except as provided in Subsections (1)(b) and (2), the provisions of this part apply to an administrative law judge who conducts formal adjudicative proceedings.
  • (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) 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 Title 63G, Chapter 2, Government Records Access and Management Act.

Renumbered and Amended by Chapter 344, 2021 General Session