Utah Code 67-19a-501. Procedural steps to be followed in an administrative review of an abusive conduct investigation
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(1) An employee of a state executive branch agency, as defined in Section 67-26-102, may, under Subsection 67-19a-202(3), initiate an administrative review of the findings of an abusive conduct investigation within 10 days after the day on which the employee receives notification of the investigative findings.
Terms Used In Utah Code 67-19a-501
- Abusive conduct: means the same as that term is defined in Section 67-26-102. 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.
- Division: means the Division of Human Resource Management. 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.
- Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101
- 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
- Uphold: The decision of an appellate court not to reverse a lower court decision.
(2)
(2)(a) An employee bringing an administrative review of the findings described in Subsection (1) may file the request for the administrative review directly with the office.
(2)(b) The request for administrative review may describe the reasons for the administrative review and include any submissions the employee desires to submit.
(3)
(3)(a) When an employee initiates the review described in Subsection (2) with the office:
(3)(a)(i) the role of the administrative review is to review and rule upon the findings of the abusive conduct investigation; and
(3)(a)(ii) an evidentiary hearing is not required.
(3)(b) The division shall make the abusive conduct investigative file available for the office’s in camera review.
(3)(c) The office may:
(3)(c)(i) request additional relevant documents from the division or the affected employee; and
(3)(c)(ii) interview the employee who initiated the administrative review and the investigators who conducted the investigation.
(4)
(4)(a) The office may overturn the findings of the abusive conduct investigation if the office determines that:
(4)(a)(i) the findings are not reasonable, rational, or sufficiently supported by the evidence; or
(4)(a)(ii) the facts on which the findings are based are inaccurate.
(4)(b) The office may uphold the findings of the abusive conduct investigation if the office determines that:
(4)(b)(i) the findings are reasonable, rational, and sufficiently supported by the evidence; and
(4)(b)(ii) the facts on which the findings are based are accurate.
(5)
(5)(a) Within 30 days after the day on which an employee initiates an administrative review under this section, the office shall issue a notice stating whether the office upheld or overturned the investigative findings.
(5)(b) The office’s determination upon administrative review of the findings resulting from an abusive conduct investigation is final and not subject to appeal.
(5)(c) The following are classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act, and any other applicable confidentiality provisions:
(5)(c)(i) the request for administrative review and any accompanying documents;
(5)(c)(ii) documents that any party provides;
(5)(c)(iii) the contents of the administrative review file; and
(5)(c)(iv) the office’s determination.