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 the employee receives notification of the investigative findings. |
Terms Used In Utah Code 67-19a-501
- Abusive conduct: means the same as that term is defined in Section 67-26-102. See Utah Code 67-19a-101
- 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.
- Division: means the Division of Human Resource Management. See Utah Code 67-19a-101
- 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.
- Office: means the Career Service Review Office created under Section 67-19a-201. 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
- Uphold: The decision of an appellate court not to reverse a lower court decision.
| (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. |
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| (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. |
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| (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. |
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| (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. |
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| (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. |
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| (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. |
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Amended by Chapter 344, 2021 General Session
