1st Sub.
S.B.
21
DEPARTMENT OF ENVIRONMENTAL QUALITY BOARDS REVISIONS
House Floor
Amendments
Amendment 3 February 15, 2012 10:10 AM
Representative Joel K. Briscoe proposes the following amendments:
1. Page 1, Line 19 :
19 make procedural rules for adjudicative proceedings;
. requires that the executive director prepare a list of persons who can be appointed as an administrative law judge to hear a request for agency action;
2. Page 10, Lines 286 through 295 :
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.
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. }
(5) (a) The executive director shall prepare a list of persons who:
(i) meet the qualifications described in Subsection (4); and
(ii) are not currently employed by state government in a capacity other than an administrative law judge under this title;
(b) In appointing an administrative law judge to hear a request for agency action, the executive director shall select a person:
(i) from the list described in Subsection (5)(a); and
(ii) who does not have a conflict of interest with a party to the proceeding.
(c) If the executive director is unable to appoint a person described in Subsection (5)(b) to hear a request for agency action, the executive director may appoint an assistant attorney general as an administrative law judge to hear the request.
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