17-30a-403. Disciplinary charges — Appeal to commission — Hearing — Findings.
| (1) |
The appointing authority:
Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.
Terms Used In Utah Code 17-30a-403- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Venue: The geographical location in which a case is tried.
- Writing: includes :Utah Code 68-3-12.5
| (a) |
may impose disciplinary charges in accordance with a rule, policy, ordinance, or law; and |
| (b) |
shall serve the merit system officer to be disciplined with a copy of the written charges. |
|
| (2) |
| (a) |
A disciplined merit system officer may file an appeal of the disciplinary charges with the department, which shall conduct the appeal internally. |
| (b) |
The department shall conduct an appeal in accordance with rules or policies adopted by the appointing authority. |
|
| (3) |
If the disciplinary charges are sustained on internal appeal, the merit system officer may appeal to the commission in accordance with the provisions of this section and commission rule. |
| (4) |
| (a) |
A merit system officer disciplined in accordance with Subsection (1) may, within 10 calendar days after the internal department appeal decision described in Subsection (2), make an appeal in writing to the commission. |
| (b) |
If the merit system officer fails to make an internal appeal of the disciplinary action, the officer may not appeal to the commission. |
|
| (5) |
The commission may hear appeals regarding demotion, reduction in pay, suspension, or discharge of a merit system officer for any cause provided in Section 17-30a-402. |
| (6) |
| (a) |
The commission shall:
| (i) |
fix a time and place for a hearing on the appeal; and |
| (ii) |
give notice of the hearing to the parties. |
|
| (b) |
| (i) |
Except as provided in Subsection (6)(b)(ii), the commission shall hold a hearing under this Subsection (6) no less than 10 and no more than 90 days after an appeal is filed. |
| (ii) |
The commission may hold a hearing more than 90 days after an appeal is filed if:
| (A) |
the parties agree; or |
| (B) |
the commission finds that the delay is for good cause. |
|
|
|
| (7) |
| (b) |
Notwithstanding Subsection (7)(a), if the commission proposes to and is authorized to close the hearing to the public in accordance with Title 52, Chapter 4, Open and Public Meetings Act, the commission shall open the meeting to the public if the aggrieved officer requests that the commission open the hearing. |
|
| (8) |
The parties may be represented by counsel at the hearing. |
| (9) |
The commission, on its own motion or at the request of the appointing authority, may dismiss an appeal for unjustified delay, removal to a court or other venue, or for other good cause shown. |
| (10) |
In resolving an appeal, the commission may sustain, modify, or vacate a decision of the appointing authority. |
| (11) |
After the hearing, the commission shall publish a written decision, including findings of fact and conclusions of law, and shall notify each party. |
Amended by Chapter 349, 2021 General Session
