Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules.

Checkout our iOS App for a better way to browser and research.



  • (1)
    • (a) The administrator shall record the hearing and preserve the record.
    • (b) The recording of the proceedings and all exhibits, briefs, motions, and pleadings received by the hearing officer are the official record of the proceeding.
  • (2)
    • (a) The agency has the burden of proof in all grievances.
    • (b) The agency must prove the agency's case by substantial evidence.
  • (3)
    • (a) The hearing officer shall issue a written decision within 20 working days after the hearing is adjourned.
    • (b) If the hearing officer does not issue a decision within 20 working days, the agency that is a party to the grievance is not liable for any claimed back wages or benefits after the date the decision is due.
  • (4) The hearing officer may:
    • (a) not award attorney fees or costs to either party;
    • (b) close a hearing by complying with the procedures and requirements of Title 52, Chapter 4, Open and Public Meetings Act;
    • (c) seal the file and the evidence produced at the hearing if the evidence raises questions about an employee's character, professional competence, or physical or mental health;
    • (d) grant continuances according to rule; and
    • (e) decide a motion, an issue regarding discovery, or another issue in accordance with this chapter.
  • (5)
    • (a) A hearing officer shall affirm, rescind, or modify agency action.
    • (b)
      • (i) If a hearing officer does not affirm agency action, the hearing officer shall order back pay and back benefits that the grievant would have received without the agency action.
      • (ii) An order under Subsection (5)(b)(i) shall include:
        • (A) reimbursement to the grievant for premiums that the grievant paid for benefits allowed under the Consolidated Omnibus Reconciliation Act of 1985; and
        • (B) an offset for any state paid benefits the grievant receives because of the agency action, including unemployment compensation benefits.
    • (c) In an order under Subsection (5)(b)(i), a hearing officer may not reduce the amount of back pay and benefits awarded a grievant because of income that the grievant earns during the grievance process.
  • (6) An employee who files a grievance in accordance with this chapter may appeal a decision of the office directly to the Utah Court of Appeals in accordance with Title 63G, Chapter 4, Administrative Procedures Act.





Download our app to see the most-to-date content.