Legal Opinion · Concurring in part, dissenting in part

Utley v. Mill Man Steel, Inc.

Utah Supreme Court

Decided August 20, 2015No. Case No. 20130162Published

1Concurring in part, dissenting in part

Chief Justice DURRANT,

concurring in part as to Part ILB of Associate Justice LEE's opinion and dissenting as to Part ILA:

1 43 This case presents us with two questions: (1) whether the legislature intended to mean "district court judge" when it used the term "hearing officer" in the UPWA, and (2) whether an employer may unilaterally withhold wages without first seeking authorization from an administrative law judge or a hearing officer.

T44 As to the first question, we conclude that the term "hearing officer" is unambignous and does not encompass "district court judge." But because interpreting…

2Cases cited25 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Corning Glass Works v. BrennanSupreme Court of the United States · 1974
  4. Black v. RomanoSupreme Court of the United States · 1985
  5. Marion Energy, Inc. v. KFJ Ranch PartnershipUtah Supreme Court · 2011

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