Utah Code 67-19a-203. Rulemaking authority
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the administrator may make rules governing:
Terms Used In Utah Code 67-19a-203
- Administrator: means the person appointed under Section 67-19a-201 to head the Career Service Review Office. See Utah Code 67-19a-101
- 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.
- Excusable neglect: means harmless error, mistake, inadvertence, surprise, a failure to discover evidence that, through due diligence, could not have been discovered in time to meet the applicable time period, misrepresentation or misconduct by the employer, or any other reason justifying equitable relief. See Utah Code 67-19a-101
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) definitions of terms, phrases, and words used in the grievance process established by this chapter;
(1)(b) what matters constitute excusable neglect for purposes of the waiver of time limits established by this chapter;
(1)(c) the application for and service of subpoenas, the service and filing of pleadings, and the issuance of rulings, orders, determinations, summary judgments, transcripts, and other legal documents necessary in grievance proceedings;
(1)(d) the use, calling, attendance, participation, and fees of witnesses in grievance proceedings;
(1)(e) continuances of grievance proceedings;
(1)(f) procedures in hearings, unless governed by Title 63G, Chapter 4, Administrative Procedures Act ;
(1)(g) the presence of media representatives at grievance proceedings;
(1)(h) procedures for sealing files or making data pertaining to a grievance unavailable to the public; and
(1)(i) motions that will assist the parties in meeting the 150-day time limit.
(2) The rule made under Subsection (1)(i) shall:
(2)(a) prohibit a party from filing a dispositive motion under Utah Rules of Civil Procedure, Rule 12(b)(6) or Rule 56 before an evidentiary hearing; and
(2)(b) authorize a party to file a motion before an evidentiary hearing to:
(2)(b)(i) dismiss for lack of authority to review the grievance under Utah Rules of Civil Procedure, Rule 12(b)(1) or Rule 12(b)(2); or
(2)(b)(ii) limit the introduction of evidence.