reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 405 - Due process for individuals--Review of criminal history information.

Effective 5/4/2022
53G-11-405.
Due process for individuals--Review of criminal history information.
(1)
(a) In accordance with Section 53-10-108, an authorized entity shall provide an individual an opportunity to review and respond to any criminal history information received under this part.
(b) If an authorized entity decides to disqualify an individual as a result of criminal history information received under this part, an individual may request a review of:
(i) information received; and
(ii) the reasons for the disqualification.
(c) An authorized entity shall provide an individual described in Subsection (1)(b) with written notice of:
(i) the reasons for the disqualification; and
(ii) the individual's right to request a review of the disqualification.
(2)
(a) An LEA or qualifying private school shall make decisions regarding criminal history information for the individuals subject to the background check requirements under Section 53G-11-402 in accordance with:
(i) Subsection (3);
(ii) administrative procedures established by the LEA or qualifying private school; and
(iii) rules established by the state board.
(b) The state board shall make decisions regarding criminal history information for licensed educators in accordance with:
(i) Subsection (3);
(ii)Title 53E, Chapter 6, Education Professional Licensure; and
(iii) rules established by the state board.
(3) When making decisions regarding initial employment, initial licensing, or initial appointment for the individuals subject to background checks under this part, an authorized entity shall consider:
(a) any convictions, including pleas in abeyance;
(b) any matters involving a felony; and
(c) any matters involving an alleged:
(i) sexual offense;
(ii) class A misdemeanor drug offense;
(iii) offense against the person under Title 76, Chapter 5, Offenses Against the Individual;
(iv) class A misdemeanor property offense that is alleged to have occurred within the previous three years; and
(v) any other type of criminal offense, if more than one occurrence of the same type of offense is alleged to have occurred within the previous eight years.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 406 - Self-reporting requirement.

Effective 5/14/2019
53G-11-406.
Self-reporting requirement.
(1) Individuals subject to the background check requirements under this part shall self-report conviction, arrest, or offense information in accordance with rules established by the state board.
(2) An LEA shall report conviction, arrest, or offense information received from licensed educators under Subsection (1) to the state board in accordance with rules established by the state board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 407 - Update criminal background check rules and policies.

Effective 5/14/2019
53G-11-407.
Update criminal background check rules and policies.
On or before September 1, 2015:
(1) the state board shall update the state board's criminal background check rules consistent with this part; and
(2) an LEA shall update the LEA's criminal background check policies consistent with this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 408 - Training provided to authorized entities.

Effective 5/14/2019
53G-11-408.
Training provided to authorized entities.
The state board shall collaborate with the bureau to provide training to authorized entities on the provisions of this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 409 - Legislative audit.

Effective 1/24/2018
53G-11-409.
Legislative audit.
After the conclusion of the 2018-2019 school year, subject to the prioritization of the Legislative Audit Subcommittee, the legislative auditor general shall conduct a review and issue a report on the extent to which the criminal background check procedures and ongoing monitoring described in this part adequately detect and identify the criminal histories of individuals who are employed by or volunteering in public schools.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 501.5 - Legislative findings.

Effective 5/14/2019
53G-11-501.5.
Legislative findings.
(1) The Legislature finds that the effectiveness of public educators can be improved and enhanced by providing specific feedback and support for improvement through a systematic, fair, and competent annual evaluation and remediation of public educators whose performance is inadequate.
(2) The state board and each local school board shall implement Sections 53G-11-501, 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509, 53G-11-510, and 53G-11-511 in accordance with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b), to:
(a) allow the educator and the school district to promote the professional growth of the educator; and
(b) identify and encourage quality instruction in order to improve student academic growth.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 503 - Career employee status for provisional employees -- Career status in the event of change of position -- Continuation of probationary status when position changes -- Temporary status for extra duty assignments.

Effective 5/8/2018
53G-11-503.
Career employee status for provisional employees -- Career status in the event of change of position -- Continuation of probationary status when position changes -- Temporary status for extra duty assignments.
(1)
(a) A provisional employee must work for a school district on at least a half-time basis for three consecutive years to obtain career employee status.
(b) A school district may extend the provisional status of an employee up to an additional two consecutive years in accordance with a written policy adopted by the district's school board that specifies the circumstances under which an employee's provisional status may be extended.
(2) Policies of an employing school district shall determine the status of a career employee in the event of the following:
(a) the employee accepts a position which is substantially different from the position in which career status was achieved; or
(b) the employee accepts employment in another school district.
(3) If an employee who is under an order of probation or remediation in one assignment in a school district is transferred or given a new assignment in the district, the order shall stand until its provisions are satisfied.
(4) An employee who is given extra duty assignments in addition to a primary assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary employee in those extra duty assignments and may not acquire career status beyond the primary assignment.
Renumbered and Amended by Chapter 3, 2018 General Session
Amended by Chapter 22, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 504 - Evaluation of employee performance.

Effective 5/12/2020
53G-11-504.
Evaluation of employee performance.
(1) Except as provided in Subsection (2), a local school board shall require that the performance of each school district employee be evaluated annually in accordance with rules of the state board adopted in accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) Rules adopted by the state board under Subsection (1) may include an exemption from annual performance evaluations for a temporary employee or a part-time employee.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 504.1 - Waiver of employee evaluation requirement.

Effective 4/22/2020
53G-11-504.1.
Waiver of employee evaluation requirement.
(1) For the 2019-20 school year, a school district is not required to evaluate or report the performance of each school district employee in accordance with rules of the state board adopted in accordance with this part.
(2) This section supersedes any conflicting provisions of Utah law.
Enacted by Chapter 10, 2020 Special Session 3
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 505 - State board rules -- Reporting to Legislature.

Effective 5/5/2021
53G-11-505.
State board rules -- Reporting to Legislature.
Subject to Sections 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509, 53G-11-510, and 53G-11-511, rules adopted by the state board under Section 53G-11-504 shall:
(1) provide general guidelines, requirements, and procedures for the development and implementation of employee evaluations;
(2) establish required components and allow for optional components of employee evaluations;
(3) require school districts to choose valid and reliable methods and tools to implement the evaluations; and
(4) establish a timeline for school districts to implement employee evaluations.
Amended by Chapter 251, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 506 - Establishment of educator evaluation program -- Joint committee.

Effective 5/14/2019
53G-11-506.
Establishment of educator evaluation program -- Joint committee.
(1) A local school board shall develop an educator evaluation program in consultation with its joint committee.
(2) The joint committee described in Subsection (1) shall consist of an equal number of classroom teachers, parents, and administrators appointed by the local school board.
(3) A local school board may appoint members of the joint committee from a list of nominees:
(a) voted on by classroom teachers in a nomination election;
(b) voted on by the administrators in a nomination election; and
(c) of parents submitted by school community councils within the district.
(4) Subject to Subsection (5), the joint committee may:
(a) adopt or adapt an evaluation program for educators based on a model developed by the state board; or
(b) create the local school board's own evaluation program for educators.
(5) The evaluation program developed by the joint committee shall comply with the requirements of Sections 53G-11-507 through 53G-11-511 and rules adopted by the state board under Section 53G-11-510.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 507 - Components of educator evaluation program.

Effective 5/14/2019
53G-11-507.
Components of educator evaluation program.
(1) A local school board in consultation with a joint committee established in Section 53G-11-506 shall adopt a reliable and valid educator evaluation program that evaluates educators based on educator professional standards established by the state board and includes:
(a) a systematic annual evaluation of all provisional, probationary, and career educators;
(b) use of multiple lines of evidence, including:
(i) self-evaluation;
(ii) student and parent input;
(iii) for an administrator, employee input;
(iv) a reasonable number of supervisor observations to ensure adequate reliability;
(v) evidence of professional growth and other indicators of instructional improvement based on educator professional standards established by the state board; and
(vi) student academic growth data;
(c) a summative evaluation that differentiates among four levels of performance; and
(d) for an administrator, the effectiveness of evaluating employee performance in a school or school district for which the administrator has responsibility.
(2)
(a) An educator evaluation program described in Subsection (1) may include a reasonable number of peer observations.
(b) An educator evaluation program described in Subsection (1) may not use end-of-level assessment scores in educator evaluation.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 508 - Summative evaluation timelines -- Review of summative evaluations.

Effective 5/12/2020
53G-11-508.
Summative evaluation timelines -- Review of summative evaluations.
(1) The person responsible for administering an educator's summative evaluation shall:
(a) at least 15 days before an educator's first evaluation:
(i) notify the educator of the evaluation process; and
(ii) give the educator a copy of the evaluation instrument, if an instrument is used;
(b) allow the educator to respond to any part of the evaluation;
(c) attach the educator's response to the evaluation if the educator's response is provided in writing;
(d) within 15 days after the evaluation process is completed, discuss the written evaluation with the educator; and
(e) based upon the educator's performance, assign to the educator one of the four levels of performance described in Section 53G-11-507.
(2) An educator who is not satisfied with a summative evaluation may request a review of the evaluation within 15 days after receiving the written evaluation.
(3)
(a) If a review is requested in accordance with Subsection (2), the school district superintendent or the superintendent's designee shall appoint a person not employed by the school district who has expertise in teacher or personnel evaluation to review the evaluation procedures and make recommendations to the superintendent regarding the educator's summative evaluation.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules prescribing standards for an independent review of an educator's summative evaluation.
(c) A review of an educator's summative evaluation under Subsection (3)(a) shall be conducted in accordance with state board rules made under Subsection (3)(b).
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 509 - Mentor for provisional educator.

Effective 5/14/2019
53G-11-509.
Mentor for provisional educator.
(1) In accordance with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b), the principal or immediate supervisor of a provisional educator shall assign a person who has received training or will receive training in mentoring educators as a mentor to the provisional educator.
(2) Where possible, the mentor shall be a career educator who performs substantially the same duties as the provisional educator and has at least three years of educational experience.
(3) The mentor shall assist the provisional educator to become effective and competent in the teaching profession and school system, but may not serve as an evaluator of the provisional educator.
(4) An educator who is assigned as a mentor may receive compensation for those services in addition to the educator's regular salary.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 510 - State board to describe a framework for the evaluation of educators.

Effective 5/12/2020
53G-11-510.
State board to describe a framework for the evaluation of educators.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:
(a) describing a framework for the evaluation of educators that is consistent with the requirements of Part 3, Licensed Employee Requirements, and Sections 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509, 53G-11-510, and 53G-11-511; and
(b) requiring an educator's summative evaluation to be based on:
(i) educator professional standards established by the state board; and
(ii) the requirements described in Subsection 53G-11-507(1).
(2) The rules described in Subsection (1) shall prohibit the use of end-of-level assessment scores in educator evaluation.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 511 - Report of performance levels.

Effective 5/12/2020
53G-11-511.
Report of performance levels.
(1) A school district shall report to the state board the number and percent of educators in each of the four levels of performance assigned under Section 53G-11-508.
(2) The data reported under Subsection (1) shall be separately reported for the following educator classifications:
(a) administrators;
(b) teachers, including separately reported data for provisional teachers and career teachers; and
(c) other classifications or demographics of educators as determined by the state board.
(3) The state superintendent shall include the data reported by school districts under this section in the State Superintendent's Annual Report required by Section 53E-3-301.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to ensure the privacy and protection of individual evaluation data.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 512 - Local school board to establish dismissal procedures.

Effective 5/14/2019
53G-11-512.
Local school board to establish dismissal procedures.
(1) A local school board shall, by contract with its employees or their associations, or by resolution of the local school board, establish procedures for dismissal of employees in an orderly manner without discrimination.
(2) The procedures shall include:
(a) standards of due process;
(b) causes for dismissal; and
(c) procedures and standards related to developing and implementing a plan of assistance for a career employee whose performance is unsatisfactory.
(3) Procedures and standards for a plan of assistance adopted under Subsection (2)(c) shall require a plan of assistance to identify:
(a) specific, measurable, and actionable deficiencies;
(b) the available resources provided for improvement; and
(c) a course of action to improve employee performance.
(4) If a career employee exhibits both unsatisfactory performance as described in Subsection 53G-11-501(15)(a) and conduct described in Subsection 53G-11-501(15)(b), an employer:
(a) may:
(i) attempt to remediate the conduct of the career employee; or
(ii) terminate the career employee for cause if the conduct merits dismissal consistent with procedures established by the local school board; and
(b) is not required to develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514.
(5) If the conduct of a career employee described in Subsection (4) is satisfactorily remediated, and unsatisfactory performance issues remain, an employer shall develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514.
(6) If the conduct of a career employee described in Subsection (4) is not satisfactorily remediated, an employer:
(a) may dismiss the career employee for cause in accordance with procedures established by the local school board that include standards of due process and causes for dismissal; and
(b) is not required to develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 515 - Hearings before district board or hearing officers -- Rights of the board and the employee -- Subpoenas -- Appeals.

Effective 5/5/2021
53G-11-515.
Hearings before district board or hearing officers -- Rights of the board and the employee -- Subpoenas -- Appeals.
(1)
(a) Hearings are held under this part before the school board or before hearing officers selected by the school board to conduct the hearings and make recommendations concerning findings.
(b) The school board shall establish procedures to appoint hearing officers.
(c) The school board may delegate the school board's authority to a hearing officer to make decisions relating to the employment of an employee that are binding upon both the employee and the school board.
(2) At the hearings, an employee has the right to counsel, to produce witnesses, to hear testimony against the employee, to cross-examine witnesses, and to examine documentary evidence.
(3) Subpoenas may be issued and oaths administered as provided under Section 53E-6-606.
(4) All hearings shall be recorded at the school board's expense.
(5)
(a) Any final action or order of the school board may be appealed to the Court of Appeals for review.
(b) A notice of appeal shall be filed in accordance with the Utah Rules of Appellate Procedure, Rule 4.
(c) A review by the Court of Appeals:
(i) is limited to the record of the school board; and
(ii) shall be for the purpose of determining whether the school board exceeded the school board's discretion, or the school board exceeded the school board's authority.
Amended by Chapter 130, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 516 - Necessary staff reduction not precluded -- Last-hired, first-fired layoffs prohibited.

Effective 1/24/2018
53G-11-516.
Necessary staff reduction not precluded -- Last-hired, first-fired layoffs prohibited.
(1) Nothing in this part prevents staff reduction if necessary to reduce the number of employees because of the following:
(a) declining student enrollments in the district;
(b) the discontinuance or substantial reduction of a particular service or program;
(c) the shortage of anticipated revenue after the budget has been adopted; or
(d) school consolidation.
(2) A school district may not utilize a last-hired, first-fired layoff policy when terminating school district employees.
(3) A school district may consider the following factors when terminating a school district employee:
(a) the results of an employee's performance evaluation; and
(b) a school's personnel needs.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 517 - Restriction on transfer of employee with unsatisfactory performance.

Effective 1/24/2018
53G-11-517.
Restriction on transfer of employee with unsatisfactory performance.
An employee whose performance is unsatisfactory may not be transferred to another school unless the local school board specifically approves the transfer of the employee.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 518 - State board to make rules on performance compensation.

Effective 5/12/2020
53G-11-518.
State board to make rules on performance compensation.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules requiring a school district's employee compensation system to be aligned with the district's annual evaluation system described in Section 53G-11-507.
(2) Rules adopted under Subsection (1) shall:
(a) establish a timeline for developing and implementing an employee compensation system that is aligned with an annual evaluation system; and
(b) provide that beginning no later than the 2016-17 school year:
(i) any advancement on an adopted wage or salary schedule:
(A) shall be based primarily on an evaluation; and
(B) may not be based on end-of-level assessment scores; and
(ii) an employee may not advance on an adopted wage or salary schedule if the employee's rating on the most recent evaluation is at the lowest level of an evaluation instrument.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 5 - School District and Utah Schools for the Deaf and the Blind Employee Requirements › Section 519 - Utah Recognizing Inspiring School Employees Award.

Effective 5/12/2020
53G-11-519.
Utah Recognizing Inspiring School Employees Award.
(1) As used in this section:
(a) "Association" means the governing board of the association that represents a majority of classified school employees employed in the state.
(b) "Classified school employee" means the same as that term is defined in the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6682.
(c) "Eligible individual" means a classified school employee who meets the eligibility requirements to be a nominee for the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681 et seq.
(2)
(a) In accordance with the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681 et seq., the governor shall annually nominate a classified school employee for the Recognizing Inspiring School Employees Award Program.
(b) The governor shall consider submissions from the association in making the nomination described in Subsection (2)(a).
(c) The association shall submit a list of eligible individuals to the governor no later than September 1 each year, beginning on September 1, 2020.
(3)
(a) There is created the Utah Recognizing Inspiring School Employees Award Program to recognize excellence exhibited by public school system employees providing services to students in pre-kindergarten through grade 12.
(b) The Utah Recognizing Inspiring School Employees Award shall be awarded to the governor's nominee for the federal Recognizing Inspiring School Employees Award Program under the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681 et seq.
Enacted by Chapter 73, 2020 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 1 - Establishment of commission -- Functions.

Effective 5/3/2023
54-1-1.
Establishment of commission -- Functions -- Participation in Risk Management Fund.
(1) The Public Service Commission of Utah is established as an independent agency.
(2) The Public Service Commission is charged with discharging the duties and exercising the legislative, adjudicative, and rule-making powers committed to it by law and may sue and be sued in its own name.
(3) Subject to Subsection 63E-1-304(2), the Public Service Commission may participate in coverage under the Risk Management Fund created by Section 63A-4-201.
Amended by Chapter 431, 2023 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 1.5 - Appointment of members -- Terms -- Qualifications -- Chairman -- Quorum -- Removal -- Vacancies -- Compensation.

Effective 1/1/2021
54-1-1.5.
Appointment of members -- Terms -- Qualifications -- Chairman -- Quorum -- Removal -- Vacancies -- Compensation.
The commission shall be composed of three members appointed by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies. The terms of the members shall be staggered so that one commissioner is appointed for a term of six years on March 1 of each odd-numbered year. Not more than two members of the commission shall belong to the same political party. One member of the commission shall be designated by the governor as chairman of the commission. Any two commissioners constitute a quorum. Any member of the commission may be removed for cause by the governor. Vacancies in the commission shall be filled for unexpired terms by appointment of the governor. Commissioners shall receive compensation as established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, and all actual and necessary expenses incurred in attending to official business. Each commissioner at the time of appointment and qualification shall be a resident citizen of the United States and of the state of Utah and shall be not less than 30 years of age. Except as provided by law, no commissioner may hold any other office either under the government of the United States or of this state or of any municipal corporation within this state. A commissioner shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 1.6 - Pro tempore commissioner -- Appointment -- Qualifications.

54-1-1.6.
Pro tempore commissioner -- Appointment -- Qualifications.
(1) If a commissioner has a temporary disability or is disqualified from sitting as a commissioner, the governor may appoint a commissioner pro tempore according to the procedures and requirements of Section 67-1-1.5.
(2) Any person appointed as a commissioner pro tempore shall possess the qualifications required for public service commissioners in Section 54-1-1.5 and have previous utility regulatory experience or other comparable professional experience.
(3) The governor may appoint a retired or resigned public service commissioner as a commissioner pro tempore in order to render findings, orders, or decisions on matters which the retired or resigned commissioner had fully heard before the commissioner's retirement or resignation.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 2 - Powers and duties.

Effective 5/4/2022
54-1-2.
Powers and duties.
(1) The Public Service Commission shall succeed to all powers and discharge all duties and perform all the functions which by existing and continuing law are conferred upon and required to be discharged or performed by the Public Utilities Commission of Utah.
(2) Whenever any existing and continuing law refers to or names the Public Utilities Commission of Utah or any officer, agent, or employee of such commission, the same shall be construed to mean, refer to, and name the Public Service Commission of Utah or the corresponding officer, agent, or employee of such Public Service Commission.
Amended by Chapter 314, 2022 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 2.5 - Procedures -- Adjudicative proceedings.

54-1-2.5.
Procedures -- Adjudicative proceedings.
Except as specifically provided to the contrary in Chapter 7, Hearings, Practice, and Procedure, the commission shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 3 - Transaction of business by commissioners -- Quorum -- Proceedings by less than majority or administrative law judge -- Effect of actions.

54-1-3.
Transaction of business by commissioners -- Quorum -- Proceedings by less than majority or administrative law judge -- Effect of actions.
(1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission. Any action taken by a majority of the commission shall be considered the action of the commission. Any vacancy in the commission shall not impair the right of the remaining commissioners to exercise all the powers of the commission so long as a majority of the commission remains. The commission may hold hearings at any time or place within or without the state.
(2)
(a) The following proceedings shall be heard by at least a majority of the commissioners:
(i) general rate proceedings to establish rates for public utilities which have annual revenues generated from Utah utility service in excess of $200,000,000; or
(ii) any proceeding which the commission determines involves an issue of significant public interest.
(b) If a commission proceeding requiring a majority has commenced and the unavoidable absence of one or more commissioners results in less than a majority being available to continue the proceeding, the proceeding may continue before a single commissioner or specified administrative law judge only upon agreement of the involved public utility and, if it is a party, the Division of Public Utilities.
(3) Any other investigation, inquiry, hearing or proceeding which the commission has power to undertake may be conducted before less than a majority of the commission or before an administrative law judge appointed by the commission.
(4) All proceedings conducted before less than a majority of the commission or before an administrative law judge shall be considered proceedings of the commission and the findings, orders, and decisions made by less than a majority of the commission or by an administrative law judge, when approved and confirmed by the commission and filed in its office, shall be considered findings, orders, and decisions of the commission and shall have the same effect as if originally made by the commission.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 4 - Official seal.

54-1-4.
Official seal.
The commission shall adopt and use an official seal with the words "Public Service Commission of Utah" and such other designations as the commission may prescribe engraved thereon; by which seal it shall authenticate its acts, orders, and proceedings; and of which seal the courts of this state shall take judicial notice. An impression of such seal shall be filed with the Division of Archives.
Amended by Chapter 67, 1984 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 5 - Office and office hours.

54-1-5.
Office and office hours.
The office of the commission shall be at the state capital in such rooms in the capitol or in such other public building as shall be assigned to it, and such office shall be open for business between the hours of 9 a.m. and 5 p.m. each business day in the year; one or more responsible persons, to be designated by the commission or by the secretary under the direction of the commission, shall be on duty at such times in immediate charge thereof.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 6 - Employment of staff -- Status and compensation -- Employees not to be parties or witnesses and may not appeal commission decisions.

Effective 7/1/2021
54-1-6.
Employment of staff -- Status and compensation -- Employees not to be parties or witnesses and may not appeal commission decisions.
(1) The annual budget of the Public Service Commission shall provide sufficient funds for the commission to hire, develop, and organize an advisory staff to assist the commission in performing the powers, duties, and functions committed to it by statute.
(a) The commission may hire:
(i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other professional and technical experts;
(ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other administrative and support staff;
(iii) additional experts as required for a particular matter; and
(iv) administrative law judges, who shall be members of the Utah State Bar, and constitute a separate organizational unit reporting directly to the commission.
(b) The commission may provide for funds in the annual budget to acquire suitable electronic recording equipment to maintain a verbatim record of proceedings before the commission, any commissioner, or any administrative law judge.
(2)
(a) With the exception of clerical workers in nonconfidential positions, all staff of the Public Service Commission are exempt employees under the State Personnel Management Act and serve at the pleasure of the commission.
(b) Administrative law judges are exempt employees under the State Personnel Management Act and may only be removed from office upon due notice and by a unanimous vote of the commission.
(c)
(i) The Division of Human Resource Management shall determine pay schedules using standard techniques for determining compensation.
(ii) The Division of Human Resource Management may make the division's compensation determinations based upon compensation practices common to utility companies throughout the United States.
(3)
(a) The staff or other employees of the commission may not appear as parties or witnesses in any proceeding before the commission, any commissioner, or any administrative law judge.
(b) The staff or other employees of the commission may not appeal any finding, order, or decision of the commission.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 6.5 - Executive staff director -- Appointment -- Functions.

54-1-6.5.
Executive staff director -- Appointment -- Functions.
The commission shall appoint an executive staff director, who shall serve at the pleasure of the commission and shall supervise and coordinate staff functions, assist the chairman of the commission with administrative duties, and perform any other duties the commission may direct.
Enacted by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 7 - Secretary of commission -- Appointment -- Functions.

54-1-7.
Secretary of commission -- Appointment -- Functions.
The commission may appoint a secretary of the commission, who shall serve at the pleasure of the commission. It shall be the duty of the secretary to keep a full and true record of all the proceedings of the commission and of all determinations, rulings and orders made by the commission, or by any of the commissioners, and of the approval and confirmation by the commission of the determinations, rulings and orders made by individual commissioners or administrative law judges. The secretary shall be the custodian of the records of the commission, and shall file and preserve at its general office all books, profiles, tariffs, schedules, reports, maps and documents, and all papers whatsoever filed with it or entrusted to its care, and the secretary shall be responsible to the commission for the custody thereof. Under the direction of the commission the secretary shall superintend its clerical business, conduct its correspondence, give notice of all hearings, determinations, rulings and orders of the commission, prepare for service papers and notices required by the commission, and perform other duties the commission may prescribe. The secretary shall have power to administer oaths in all parts of the state in all proceedings by or before the commissioners and in all cases or matters pertaining to the duties of the office of secretary. In the absence of the secretary, the commission may designate another individual to perform the secretary's duties.
Amended by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 8 - Expenses of commission.

54-1-8.
Expenses of commission.
The Public Service Commission shall be provided by the state with such offices, equipment and facilities as may be proper and necessary for the performance of its duties. All necessary expenses of the commission including salaries of the secretary, and the compensation of all other persons employed by the commission, and all expenses of every kind incurred in the administration of this title shall be paid from the funds appropriated for the use of the commission after being approved by the commission upon claims therefor to be duly audited by the proper authority. The commissioners and secretary and such clerks, experts, attorneys and other subordinates as may be employed by it, shall be entitled to receive their necessary traveling expenses for authorized travel on business of the commission.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 10 - Conservation planning -- Annual reports.

54-1-10.
Conservation planning -- Annual reports.
The Public Service Commission shall engage in long-range planning regarding public utility regulatory policy in order to facilitate the well-planned development and conservation of utility resources. The commission shall make and submit to the governor and the Legislature an annual report containing a full and complete account of the transactions of its office, together with any facts, suggestions and recommendations it may deem necessary. The Division of Public Utilities shall provide any assistance the commission may require in the preparation of the annual report. The report shall be made and submitted by October 1 of each year or as soon after as may be feasible and shall be published as are the reports of other departments of the state.
Amended by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 11 - Prohibited interests, relationships and actions by commissioners and employees.

54-1-11.
Prohibited interests, relationships and actions by commissioners and employees.
(1) No person employed as a commissioner or as personnel of the commission shall, while so employed:
(a) Have any pecuniary interest, whether as the holder of stock or other securities, or otherwise have any conflict of interest with any public utility or other entity subject to the jurisdiction of the commission;
(b) Have any office, position or relationship, or be engaged in any business or avocation which interferes or is incompatible with the effective and objective fulfillment of the duties of office or employment with the commission;
(c) Accept any gift, gratuity, emolument or employment from any public utility or other entity subject to the jurisdiction of the commission or from any other officer, agent, or employee thereof; or
(d) Solicit, suggest, request, or recommend, directly or indirectly, the appointment of any person or entity to any office or employment with any public utility or other entity subject to the jurisdiction of the Public Service Commission.
(2) No officer, agent, attorney, or employee of any public utility shall directly or indirectly solicit, request, or recommend to the governor, any state senator, the commission, or the Division of Public Utilities the appointment of any person as a commissioner or as executive director of the commission, or the appointment of any person to any commission staff position.
Enacted by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 12 - Deposit of funds.

54-1-12.
Deposit of funds.
All money collected by the commission under any provision of this title shall be deposited without deduction in the state treasury on or before the 15th day of each month next succeeding the month in which the same was received, accompanied by a statement showing the date received.
Amended by Chapter 116, 2013 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 1 - Public Service Commission › Section 13 - Commission exploration and development of cleaner air options.

Effective 5/14/2019
54-1-13.
Commission exploration and development of cleaner air options.
The commission shall immediately initiate and conduct proceedings to explore and develop options and opportunities for advancing and promoting measures designed to result in cleaner air in the state through the enhanced use of alternative fuel vehicles, including:
(1) consideration of the role that gas corporations should play in the enhancement and expansion of the infrastructure and maintenance and other facilities for alternative fuel vehicles;
(2) the potential funding options available to pay for the enhancement and expansion of infrastructure and facilities for alternative fuel vehicles;
(3) the role local government, including any local government entity established for the purpose of facilitating conversion to alternative fuel vehicles and of promoting the enhancement and expansion of the infrastructure and facilities for those vehicles, can or should play; and
(4) the most effective ways to overcome any obstacles to converting to alternative fuel vehicles and to enhancing and expanding the infrastructure and facilities for alternative fuel vehicles.
Amended by Chapter 246, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 2 - General Provisions › Part 1 - Definitions › Section 2 - Definition of "person."

54-2-2.
Definition of "person."
As used in this chapter, "person" includes all individuals, corporations, partnerships, associations, trusts, and companies and their lessees, trustees, and receivers.
Enacted by Chapter 20, 1989 General Session