Powers -- Scope of authority.

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  • (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 (4), 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 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.
  • (5) The time limits established in this chapter supersede the procedural time limits established in Title 63G, Chapter 4, Administrative Procedures Act.




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