§ 63A-17-704 — 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:

(3)(a) the head of the hiring agency;
(3)(b) the head of another agency, appointed by the director; and
(3)(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:

(5)(a) the hiring panel shall select the top three applicants for the administrative law judge position; and
(5)(b) the head of the hiring agency shall:
(5)(b)(i) consider any opinions or feedback from the other members of the hiring panel with respect to the top three applicants; and
(5)(b)(ii) (5)(b)(ii)(A) hire an applicant from the top three applicants to fill the administrative law judge position; or
(5)(b)(ii)(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.

Legislative History

Renumbered and Amended by Chapter 344, 2021 General Session