Section 704 – Hiring of administrative law judges.

• (1) Except as provided in Subsection (6), each administrative law judge hired on or after May 10, 2016, 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 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;
  • (b) the head of another agency, appointed by the director; and
  • (c) the director.

• (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.

Renumbered and Amended by Chapter 344, 2021 General Session