Section 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 the employee receives notification of the investigative findings.

• (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.
  • (b) The request for administrative review may describe the reasons for the administrative review and include any submissions the employee desires to submit.

• (3)
  • (a) When an employee initiates the review described in Subsection (2) with the office:
    • (i) the role of the administrative review is to review and rule upon the findings of the abusive conduct investigation; and
    • (ii) an evidentiary hearing is not required.
  • (b) The division shall make the abusive conduct investigative file available for the office’s in camera review.
  • (c) The office may:
    • (i) request additional relevant documents from the division or the affected employee; and
    • (ii) interview the employee who initiated the administrative review and the investigators who conducted the investigation.

• (4)
  • (a) The office may overturn the findings of the abusive conduct investigation if the office determines that:
    • (i) the findings are not reasonable, rational, or sufficiently supported by the evidence; or
    • (ii) the facts on which the findings are based are inaccurate.
  • (b) The office may uphold the findings of the abusive conduct investigation if the office determines that:
    • (i) the findings are reasonable, rational, and sufficiently supported by the evidence; and
    • (ii) the facts on which the findings are based are accurate.

• (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.
  • (b) The office’s determination upon administrative review of the findings resulting from an abusive conduct investigation is final and not subject to appeal.
  • (c) The following are classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act, and any other applicable confidentiality provisions:
    • (i) the request for administrative review and any accompanying documents;
    • (ii) documents that any party provides;
    • (iii) the contents of the administrative review file; and
    • (iv) the office’s determination.

Amended by Chapter 344, 2021 General Session