H.B. 353

1

STUDY OF ADMINISTRATIVE HEARINGS
2 RELATED TO LABOR LAWS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen H. Urquhart
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill enacts uncodified material imposing a study requirement on the Labor
11 Commission.
12 Highlighted Provisions:
13 This bill:
14 . requires the Labor Commission to conduct a study of issues related to
15 administrative hearings and in particular the oversight of administrative law judges;
16 . requires the Labor Commission to invite the Judicial Council and the
17 Administrative Offices of the Courts to participate in the study; and
18 . provides for a reporting requirement.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Uncodified Material Affected:
24 ENACTS UNCODIFIED MATERIAL
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Study by the Labor Commission related to administrative hearings

28 conducted by administrative law judges related to labor laws.
29 (1) As used in this section:
30 (a) "Administrative Office of the Courts" means the administrators and assistants
31 appointed under Section 78-3-25 .
32 (b) "Labor Commission" means the Labor Commission created in Section 34A-1-103 .
33 (c) "Labor laws" means those portions of the Utah Code under the jurisdiction of the
34 Labor Commission.
35 (2) In accordance with this section, the Labor Commission shall conduct within
36 existing budgets a study of the following related to the administrative hearing process under
37 labor laws:
38 (a) whether or not all or some portion of the administrative law judges under the
39 jurisdiction of the Labor Commission that conduct administrative hearings related to labor laws
40 should be transferred to another agency of the state, including possibly to:
41 (i) the Judicial Council;
42 (ii) the Administrative Office of the Courts;
43 (iii) the courts; or
44 (iv) any other administrative unit in the judicial branch;
45 (b) whether or not administrative hearings conducted as of April 30, 2006, by
46 administrative law judges related to labor laws should be changed to judicial branch hearings
47 that can be conducted under the jurisdiction of:
48 (i) the Judicial Council;
49 (ii) the Administrative Office of the Courts;
50 (iii) the courts; or
51 (iv) any other administrative unit in the judicial branch;
52 (c) notwithstanding Title 63, Chapter 46b, Administrative Procedures Act, whether or
53 not appeals of final orders of the Labor Commission or the findings of an administrative law
54 judge should be appealed directly to the Court of Appeals in all or any portion of those cases
55 relating to labor laws; or
56 (d) any other issues related to the use of administrative law judges in conducting
57 hearings related to labor laws in an effective, efficient, and impartial manner.
58 (3) In conducting the study required by this section, the Labor Commission shall invite

59 the Judicial Council and the Administrative Office of the Courts to participate in the study.
60 (4) The Labor Commission shall complete the study and report to the Business and
61 Labor Interim Committee regarding the results of the study, including any recommended
62 legislation, by no later than November 30, 2007.




Legislative Review Note
as of 1-24-07 2:03 PM

Office of Legislative Research and General Counsel