Procedural steps to be followed in an administrative review of an abusive conduct investigation.
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(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.
(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.
(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.
(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.
(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.
(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.
(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