Utah Code 67-19a-406. Procedural steps to be followed by aggrieved employee — Hearing before hearing officer — Evidentiary and procedural rules
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(1)
Terms Used In Utah Code 67-19a-406
- Administrator: means the person appointed under Section 67-19a-201 to head the Career Service Review Office. See Utah Code 67-19a-101
- 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.
- 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
- 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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) The administrator shall record the hearing and preserve the record.(1)(b) The recording of the proceedings and all exhibits, briefs, motions, and pleadings received by the hearing officer are the official record of the proceeding.
(2)
(2)(a) The agency has the burden of proof in all grievances.
(2)(b) The agency must prove the agency’s case by substantial evidence.
(3)
(3)(a) The hearing officer shall issue a written decision within 20 working days after the hearing is adjourned.
(3)(b) If the hearing officer does not issue a decision within 20 working days, the agency that is a party to the grievance is not liable for any claimed back wages or benefits after the date the decision is due.
(4) The hearing officer may:
(4)(a) not award attorney fees or costs to either party;
(4)(b) close a hearing by complying with the procedures and requirements of Title 52, Chapter 4, Open and Public Meetings Act;
(4)(c) seal the file and the evidence produced at the hearing if the evidence raises questions about an employee’s character, professional competence, or physical or mental health;
(4)(d) grant continuances according to rule; and
(4)(e) decide a motion, an issue regarding discovery, or another issue in accordance with this chapter.
(5)
(5)(a) A hearing officer shall affirm, rescind, or modify agency action.
(5)(b)
(5)(b)(i) If a hearing officer does not affirm agency action, the hearing officer shall order back pay and back benefits that the grievant would have received without the agency action.
(5)(b)(ii) An order under Subsection (5)(b)(i) shall include:
(5)(b)(ii)(A) reimbursement to the grievant for premiums that the grievant paid for benefits allowed under the Consolidated Omnibus Reconciliation Act of 1985; and
(5)(b)(ii)(B) an offset for any state paid benefits the grievant receives because of the agency action, including unemployment compensation benefits.
(5)(c) In an order under Subsection (5)(b)(i), a hearing officer may not reduce the amount of back pay and benefits awarded a grievant because of income that the grievant earns during the grievance process.
(6) An employee who files a grievance in accordance with this chapter may appeal a decision of the office directly to the Utah Court of Appeals in accordance with Title 63G, Chapter 4, Administrative Procedures Act.