Utah Code 67-19a-404. Evidentiary hearing
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(1) If the administrator determines that the office has authority to review the grievance, the administrator shall:
Terms Used In Utah Code 67-19a-404
- Administrator: means the person appointed under Section 67-19a-201 to head the Career Service Review Office. See Utah Code 67-19a-101
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grievance: means :(7)(a) a complaint by a career service employee concerning any matter touching upon the relationship between the employee and the employer;(7)(b) any dispute between a career service employee and the employer;(7)(c) a complaint by a reporting employee that a public entity has engaged in retaliatory action against the reporting employee ; and(7)(d) a complaint that the employer subjected the employee to conditions that a reasonable person would consider intolerable, including abusive conduct. See Utah Code 67-19a-101
- Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101
(1)(a) appoint a hearing officer to adjudicate the grievance; and(1)(b) set a date for the evidentiary hearing that is either:(1)(b)(i) not later than 30 days after the date the administrator determines that the office has authority to review the grievance; or(1)(b)(ii) at a date:(1)(b)(ii)(A) agreed upon by the parties and the administrator; and(1)(b)(ii)(B) not greater than 150 days after the date the administrator determines that the office has authority to review the grievance.
(2) After the date for the evidentiary hearing has been set, the administrator or assigned hearing officer may grant each party one extension of reasonable length for extraordinary circumstances as determined by the administrator or assigned hearing officer.
(3) Notwithstanding Section 63G-4-205 , and in order to accommodate the 150-day time limit, the administrator may only allow a motion for discovery for production of documents, records, and evidence under Utah Rules of Civil Procedure, Rule 34.