Section 401 – Time limits for submission and advancement of grievance by aggrieved employee — Voluntary termination of employment — Group grievances.
Effective 5/4/2022 67-19a-401. Time limits for submission and advancement of grievance by aggrieved employee — Voluntary termination of employment — Group grievances. (1) An aggrieved career service employee and the person to whom the grievance is directed may agree in writing to waive or extend grievance steps specified under Subsection 67-19a-402(1), (2), or (3) or […]
Section 402 – Procedural steps to be followed by aggrieved employee.
Effective 5/8/2018 67-19a-402. Procedural steps to be followed by aggrieved employee. (1) (a) Subject to the provisions and levels of procedure provided in Section 67-19a-302, a career service employee who has a grievance shall submit the grievance in writing to: (i) the employee’s supervisor; and (ii) the administrator. (b) Within five working days after receiving […]
Section 402.5 – Procedural steps to be followed by reporting employee alleging retaliatory action.
Effective 5/8/2018 67-19a-402.5. Procedural steps to be followed by reporting employee alleging retaliatory action. (1) A reporting employee who desires to assert an administrative grievance of retaliatory action: (a) shall submit the grievance in writing within 30 days after the day on which the retaliatory action occurs; (b) is not required to comply with Section […]
Section 403 – Advancement of grievance to administrator — Initial hearing.
67-19a-403. Advancement of grievance to administrator — Initial hearing. (1) At any time after a career service employee submits a written grievance to the administrator under Subsection 67-19a-402(4), the administrator may attempt to settle the grievance informally by conference, conciliation, and persuasion with the employee and the agency. (2) (a) When an employee advances a […]
Section 404 – Evidentiary hearing.
67-19a-404. Evidentiary hearing. (1) If the administrator determines that the office has authority to review the grievance, the administrator shall: (a) appoint a hearing officer to adjudicate the grievance; and (b) set a date for the evidentiary hearing that is either: (i) not later than 30 days after the date the administrator determines that the […]
Section 405 – Prehearing conference.
67-19a-405. Prehearing conference. (1) The administrator may require the presence of each party, the representatives of each party, and other designated persons at a prehearing conference. (2) At the conference, the administrator may require the parties to: (a) identify which allegations are admitted and which allegations are denied; (b) submit a joint statement detailing: (i) […]
Section 406 – Procedural steps to be followed by aggrieved employee — Hearing before hearing officer — Evidentiary and procedural rules.
Effective 5/8/2018 67-19a-406. Procedural steps to be followed by aggrieved employee — Hearing before hearing officer — Evidentiary and procedural rules. (1) (a) The administrator shall record the hearing and preserve the record. (b) The recording of the proceedings and all exhibits, briefs, motions, and pleadings received by the hearing officer are the official record […]
Section 501 – Procedural steps to be followed in an administrative review of an abusive conduct investigation.
Effective 7/1/2021 67-19a-501. Procedural steps to be followed in an administrative review of an abusive conduct investigation. (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 […]
Section 205 – Employment transfer.
Effective 7/1/2021 67-19a-205. Employment transfer. At any point during the grievance process, the employer and the employee may mutually agree to a transfer of the employee to another equivalent position, if and to the extent that such a position is available, in accordance with division rules for transfer and reassignment. Amended by Chapter 344, 2021 […]
Section 301 – Charges submissible under grievance procedure.
Effective 5/8/2018 67-19a-301. Charges submissible under grievance procedure. (1) This grievance procedure may only be used by career service employees who are not: (a) public applicants for a position with the state’s work force; (b) public employees of the state’s political subdivisions; (c) public employees covered by other grievance procedures; or (d) employees of state […]