67-26-202. Abusive conduct complaint, investigation, administrative review process.

297 words·~1 min read·/ut/title-67/chapter-26/67-26-202·

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

Effective 7/1/2021

(1)An employee may file a written complaint of abusive conduct with the human resources department of the employee's employer if the complaint is against an employee of the same employer as the employee filing the complaint.

(2)If an employee files a written complaint of abusive conduct under Subsection

(1), the human resources department of the employee's employer shall conduct an abusive conduct investigation.

(a)Each employer that is not a state executive branch agency:

(i)shall provide the employer's employees a process for:

(A)filing an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint; and

(B)an administrative review of the findings of an abusive conduct investigation described in Subsection

(2)that is substantially similar to the administrative review process described in Section 67-19a-501 ; and

(ii)may request assistance from the division, at the division's current consultant rate, or the office, at a reasonable rate established by the office, in developing a process described in this Subsection (3)(a) .

(b)The division shall provide a process for an employee of a state executive branch agency to file an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint.

(4)The complaint described in Subsection

(1)and a subsequent abusive conduct investigation are subject to:

(a)in relation to an employer other than a state executive branch agency, the administrative review process described in Subsection (3)(a) ; and

(b)in relation to a state executive branch agency, the office's administrative review process described in Section 67-19a-501 .

Amended by Chapter 344 , 2021 General Session