1st Sub.
S.B.
21
DEPARTMENT OF ENVIRONMENTAL QUALITY BOARDS REVISIONS
House Committee
Amendments
Amendment 2 February 8, 2012 2:12 PM
Representative Joel K. Briscoe proposes the following amendments:
1. Page 10, Lines 277 through 295 :
277 (4) The executive director shall appoint an administrative law judge who:
278 (a) is a member in good standing of the Utah State Bar;
279 (b) has a minimum of:
280 (i) 10 years of experience practicing law; and
281 (ii) five years of experience practicing in the field of:
282 (A) environmental compliance;
283 (B) natural resources;
284 (C) regulation by an administrative agency; or
285 (D) a field related to a field listed in Subsections (4)(b)(ii)(A) through (C);
{
and
}
286 (c) has a working knowledge of the federal laws and regulations and state statutes and
287 rules applicable to a request for agency action
{
.
}
;
(d) has not been employed by state government for at least one year; and
(e) is appointed with the consent of all parties to the adjudicative proceeding.
288
{
(5) In appointing an administrative law judge who meets the qualifications listed in
289 Subsection (4), the executive director may:
290 (a) compile a list of persons who may be engaged as an administrative law judge pro
291 tempore by mutual consent of the parties to an adjudicative proceeding;
292 (b) appoint an assistant attorney general as an administrative law judge pro tempore; or
293 (c) (i) appoint an administrative law judge as an employee of the department; and
294 (ii) assign the administrative law judge responsibilities in addition to conducting an
295 adjudicative proceeding. }
2. Page 10, Line 296 :
296
{
(6)
}
(5)
(a) An administrative law judge [shall]:
3. Page 11, Line 317 :
317
{
(7)
}
(6)
To conduct an adjudicative proceeding, an administrative law judge may:
4. Page 11, Line 324 :
324
{
(8)
}
(7)
A party may appear before an administrative law judge in person, through an agent
5. Page 11, Line 326 :
326
{
(9)
}
(8)
(a) An administrative law judge [or board member] or the executive director may
6. Page 11, Line 334 :
334
{
(10)
}
(9)
Nothing in this section limits a party's right to an adjudicative proceeding under
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