67-19a-202. Powers -- Scope of authority.

394 words·~2 min read·/ut/title-67/chapter-19a/67-19a-202·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(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