Utah Code 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:

Terms Used In Utah Code 67-19a-202

Abusive conduct: means the same as that term is defined in Section 67-26-102. See Utah Code 67-19a-101
Career service employee: means a person employed in career service as defined in Section 63A-17-102. See Utah Code 67-19a-101
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
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
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}
Grievance: means :

(a)	a complaint by a career service employee concerning any matter touching upon the relationship between the employee and the employer;

(b)	any dispute between a career service employee and the employer;

(c)	a complaint by a reporting employee that a public entity has engaged in retaliatory action against the reporting employee ; and

(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.

Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

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

Retaliatory action: means to do any of the following to an employee in violation of Section 67-21-3:

(a)	dismiss the employee;

(b)	reduce the employee's compensation;

(c)	fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;

(d)	fail to promote the employee if the employee would have otherwise been promoted; or

(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.
(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

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