Effective 5/4/2022
67-19a-202. Powers — Scope of authority.
67-19a-202. Powers — Scope of authority.
- (1) The office shall serve as the final administrative body to review a grievance from a career service employee and an agency of a decision regarding:
- (a) a dismissal;
- (b) a demotion;
- (c) a suspension;
- (d) a reduction in force;
- (e) a dispute concerning abandonment of position;
- (f) a wage grievance if an employee is not placed within the salary range of the employee’s current position;
- (g) a violation of a rule adopted under Title 63A, Chapter 17, Utah State Personnel Management Act; or
- (h) except as provided by Subsection (5), equitable administration of the following benefits:
- (i) long-term disability insurance;
- (ii) medical insurance;
- (iii) dental insurance;
- (iv) post-retirement health insurance;
- (v) post-retirement life insurance;
- (vi) life insurance;
- (vii) defined contribution retirement;
- (viii) defined benefit retirement; and
- (ix) a leave benefit.
- (2) The office shall serve as the final administrative body to review a grievance by a reporting employee alleging retaliatory action.
- (3) The office shall serve as the final administrative body to review, without an evidentiary hearing, the findings of an abusive conduct investigation described in Section 67-26-202 of a state executive branch agency employee.
- (4) The office may not take jurisdiction of a matter that an employer has not had an opportunity to address.
- (5) The office may not review or take action on:
- (a) a personnel matter not listed in Subsections (1) through (3);
- (b) a personnel matter listed in Subsections (1) through (3) that alleges discrimination or retaliation related to a claim of discrimination that is a violation of a state or federal law for which review and action by the office is preempted by state or federal law; or
- (c) a personnel matter related to a claim for which an administrative review process is provided by statute and administered by:
- (i) the Utah State Retirement Systems under Title 49, Utah State Retirement and Insurance Benefit Act;
- (ii) the Public Employees’ Benefit and Insurance Program under Title 49, Chapter 20, Public Employees’ Benefit and Insurance Program Act; or
- (iii) the Public Employees’ Long-Term Disability Program under Title 49, Chapter 21, Public Employees’ Long-Term Disability Act.
- (6) The time limits established in this chapter supersede the procedural time limits established in Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 209, 2022 General Session