1. (1)

   1. (a) Except as provided in Subsections (1)(b) and (2), the provisions of this part apply to an administrative law judge who conducts formal adjudicative proceedings.

   2. (b) Except as provided in Subsection (2), the provisions of this part do not apply to an administrative law judge who is employed by or contracts with:

      1. (i) the Board of Pardons and Parole;
      2. (ii) the Department of Corrections; or
      3. (iii) the State Tax Commission.
2. (2) The code of conduct established by the division under Subsection 63A-17-703(4) applies to all administrative law judges.
3. (3) An administrative law judge who tampers with or destroys evidence submitted to the administrative law judge is subject to the provisions of Section 76-8-510.5. This section does not apply to documents destroyed in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

Renumbered and Amended by Chapter 344, 2021 General Session