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HB 0144 - Administrative Law Judge Qualifications

Tracking Level: Monitor
Sponsor: Craig Hall
Last Action: 3/9/2017 - House/ filed in House file for bills not passed
House Committee:
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Staff Analysis of the Legislation

Logan has one administrative hearing officer and he has a law degree but is not a member of the Utah Bar.

Tooele City uses an ALJ, called an Administrative Hearing Officer.  Our ALJ ordinance (attached) does not require that our ALJ be a lawyer, but our current ALJ is a lawyer.  The ordinance contains detailed procedures for administrative hearings.  Our program has been successful so far.

Roger Baker, AICP

Tooele City Attorney

Brandon, we have an ALJ and he is an attorney.

-Gary Hill

Lehi City uses a land use hearing examiner for land use appeals who is an attorney. For administrative code enforcement purposes we use an employee of the finance department as the hearing examiner. 

But we use the criminal process for most of our zoning enforcement. 

Ryan Wood

Lehi City Attorney

Brandon,

Midvale uses an ALJ and we require that they are attorneys.

Phillip Hill, AICP

Assistant City Manager/Director, CD

Midvale City, Utah

7505 South Holden Street

Midvale, Utah  84047

801.567.7214

801.567.0518 (fax)

TTY 711

Farmington does not use one.

Pleasant Grove City does NOT use any ALJ’s

Christine M. Petersen

Pleasant Grove City Attorney

Hi Brandon,

Our judge is an ALJ. He does an amazing job and would hate to see this sort or bill pass. There are several judges that are amazing. We need to find a way for the State to allow for better vetting of lousy judges rather than cut off the opportunity to use ALJ judges. (Silly little thoughts)

Thanks for all you are doing

Tom Hanson

I think we have 4 and contract with others (impact fee) as needed- all are attorneys; one may be retired/inactive but the bill referenced below just requires a law degree so that is allowed regardless of the grandfather clause

Matt Dias Park City

Brandon,

Richmond City (in Cache County) does have an Administrative Law Judge and he IS NOT a lawyer.  Also, I see that this email was sent to Brad Jensen.  Brad resigned from the City Council in September of 2016, so that you can up-date your email list.  The email address comes to my desk, so that is a valid address. 

Thanks,

Marlowe 

Marlowe C. Adkins, Jr.

Brandon:

Heber City uses an Administrative Law Judge (ALJ) for parking ticket appeals.  Our ALJ is not an attorney.

Mark

Mark K. Anderson

Brandon,

Centerville City does not have an administrative law judge who has been appointed to handle appeals on an on-going basis.  We have hired an attorney, however, on a couple of occasions when we wanted someone to hear an appeal in lieu of the city manager, who is given authority in the City Code to hear appeals of some enforcement actions.  We have a standing Board of Adjustment that handles some appeals, depending on the matter, but some other matters can be appealed to the City Manager or his designee.  In those cases, if I deem it best to hire someone to hear the appeal rather than me, we typically hire an attorney on an hourly basis to hear the matter.

Hope this helps.

Steve Thacker

Centerville City

We rarely use any but I do think the proposal is a good idea.  Its hard for any lay person to adhere to any kind of legal rules or standards (even though I do understand there’s a difference with ALJs) if they don’t know what they are and most people would not unless they are attorneys or law school graduates.

Steve Brooks

Riverdale City Attorney


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