Utah § 19a-402.5 - Procedural steps to be followed by reporting employee alleging retaliatory action.
Full text of Utah Utah Code § 19a-402.5 — Procedural steps to be followed by reporting employee alleging retaliatory action., with citation guidance and answers to common questions.
§ 19a-402.5. Procedural steps to be followed by reporting employee alleging retaliatory action.
Effective 5/8/2018 67-19a-402.5.
Procedural steps to be followed by reporting employee alleging retaliatory action.
(1)
A reporting employee who desires to assert an administrative grievance of retaliatory action:
(a)
shall submit the grievance in writing within 30 days after the day on which the retaliatory action occurs;
(b)
is not required to comply with Section 63G-7-402 to file the grievance; and
whether the office has authority to review the grievance;
(iii)
whether, if the alleged grievance were found to be true, the reporting employee would be entitled to relief under Subsection 67-21-3.5(2); and
(iv)
whether the reporting employee has been directly harmed.
(b)
To make the determinations described in Subsection (2)(a), the administrator may:
(i)
hold an initial hearing, where the parties may present oral arguments, written arguments, or both; or
(ii)
conduct an administrative review of the grievance.
(3)
(a)
If the administrator holds an initial hearing, the administrator shall issue a written decision within 15 days after the day on which the hearing is adjourned.
(b)
If the administrator chooses to conduct an administrative review of the grievance, the administrator shall issue the written decision within 15 days after the day on which the administrator receives the grievance.
(4)
(a)
If the administrator determines the office has authority to review the grievance, the administrator shall provide for an evidentiary hearing in accordance with Section 67-19a-404.
(b)
The administrator may dismiss the grievance, without holding a hearing or taking evidence, if the administrator:
(i)
finds that, even if the alleged grievance were found to be true, the reporting employee would not be entitled to relief under Subsection 67-21-3.5(2); and
(ii)
provides the administrator's findings, in writing, to the reporting employee.
A decision reached by the office in reviewing a retaliatory action grievance from a reporting employee may be appealed directly to the Utah Court of Appeals.
(6)
(a)
Except as provided in Subsection (6)(b), an appellate court may award costs and attorney fees, accrued at the appellate court level, to a prevailing employee.
(b)
A court may not order the office to pay costs or attorney fees under this section.
Section 19a-402.5 ("Procedural steps to be followed by reporting employee alleging retaliatory action.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 19a-402.5?
A common citation format is "Utah Code § 19a-402.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 19a-402.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
