Terms Used In Utah Code > Title 67 > Chapter 19a - Grievance Procedures

• Abusive conduct: means the same as that term is defined in Section 67-26-102. See Utah Code 67-19a-101
• Administrator: means the person appointed under Section 67-19a-201 to head the Career Service Review Office. See Utah Code 67-19a-101
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Career service employee: means a person employed in career service as defined in Section 63A-17-102. See Utah Code 67-19a-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
• Continuing care contract: means a contract under which a provider provides continuing care to a resident. See Utah Code 31A-44-102
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Human Resource Management. See Utah Code 67-19a-101
• Employer: means the state of Utah and all supervisory personnel vested with the authority to implement and administer the policies of an agency. See Utah Code 67-19a-101
• Entrance fee: includes a monthly fee, assessed at a rate that is greater than the value of the provider's monthly services, that a resident agrees to pay in exchange for acceptance into a facility or a promise of future monthly fees assessed at a rate that is less than the value of the services rendered. See Utah Code 31A-44-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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
• Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Living unit: means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified individuals. See Utah Code 31A-44-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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
• Provider: means :
            (9)(a)(i) the owner of a facility;
            (9)(a)(ii) a person, other than a resident, that claims a possessory interest in a facility; or
            (9)(a)(iii) a person who enters into a continuing care contract with a resident or potential resident. See Utah Code 31A-44-102
• Provider disclosure statement: means , for a given provider, the disclosure statement described in Section 31A-44-301. See Utah Code 31A-44-102
• Public entity: means the same as that term is defined in Section 67-21-2. See Utah Code 67-19a-101
• Reporting employee: means an employee of a public entity who alleges that the public entity engaged in retaliatory action against the employee. See Utah Code 67-19a-101
• Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
• Retaliatory action: means to do any of the following to an employee in violation of Section 67-21-3:
       (11)(a) dismiss the employee;
       (11)(b) reduce the employee's compensation;
       (11)(c) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
       (11)(d) fail to promote the employee if the employee would have otherwise been promoted; or
       (11)(e) threaten to take an action described in Subsections (11)(a) through (d). 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supervisor: means the person:
       (12)(a) to whom an employee reports; or
       (12)(b) who assigns and oversees an employee's work. See Utah Code 67-19a-101
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5