Full text of Utah Utah Code § 17-76-317 — Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review., with citation guidance and answers to common questions.
§ 17-76-317. Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review.
Effective 11/6/2025
17-76-317.
Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review.
| (1) | An appointing authority may demote, suspend, discharge, or reduce a merit system officer's pay for:
| (b) | disobedience of a reasonable order; |
| (d) | inefficiency or inability to satisfactorily perform assigned duties; or |
| (e) | an act inimical to public service. |
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| (2) | A department may not suspend a merit system officer for more than 176 work hours at one time, or for more than 352 work hours in one year. |
| (3) | The appointing authority shall order the demotion, reduction in pay, suspension, or discharge of a merit system officer. |
| (4) | The appointing authority:
| (a) | may impose disciplinary charges in accordance with a rule, policy, ordinance, or law; and |
| (b) | shall serve the merit system officer to be disciplined with a copy of the written charges. |
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| (5) |
| (a) | A disciplined merit system officer may file an appeal of the disciplinary charges with the department, which shall conduct the appeal internally. |
| (b) | The department shall conduct an appeal in accordance with policies made by the appointing authority. |
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| (6) | If the disciplinary charges are sustained on internal appeal, the merit system officer may appeal to the commission in accordance with the provisions of this section and commission policy. |
| (7) |
| (a) | A merit system officer disciplined in accordance with Subsection (1) may, within 10 calendar days after the day on which the department makes the appeal decision described in Subsection (5), make an appeal in writing to the commission. |
| (b) | If the merit system officer fails to make an internal appeal of the disciplinary action, the merit system officer may not appeal to the commission. |
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| (8) | The commission may hear appeals regarding demotion, reduction in pay, suspension, or discharge of a merit system officer for any cause provided in Subsection (1). |
| (9) |
| (a) | The commission shall:
| (i) | fix a time and place for a hearing on the appeal; and |
| (ii) | give notice of the hearing to the parties. |
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| (b) |
| (i) | Except as provided in Subsection (9)(b)(ii), the commission shall hold a hearing under this Subsection (9) no less than 10 and no more than 90 days after the day on which an appeal is filed. |
| (ii) | The commission may hold a hearing more than 90 days after the day on which an appeal is filed if:
| (B) | the commission finds that the delay is for good cause. |
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| (c) |
| (i) | The commission shall hold the hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act. |
| (ii) | Notwithstanding Subsection (9)(c)(i), if the commission proposes to and is authorized to close the hearing to the public in accordance with Title 52, Chapter 4, Open and Public Meetings Act, the commission shall open the meeting to the public if the aggrieved merit system officer requests that the commission open the hearing. |
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| (d) | The parties may be represented by counsel at the hearing. |
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| (10) | The commission, on the commission's own motion or at the request of the appointing authority, may dismiss an appeal for unjustified delay, removal to a court or other venue, or for other good cause shown. |
| (11) | In resolving an appeal, the commission may sustain, modify, or vacate a decision of the appointing authority. |
| (12) | After the hearing described in Subsection (9), the commission shall publish a written decision, including findings of fact and conclusions of law, and shall notify each party. |
| (13) | A person may appeal a final action or order of the commission to the Court of Appeals for review.
| (a) | A person shall file a notice of appeal within 30 days of the issuance of the final action or order of the commission. |
| (b) | The Court of Appeals shall base the court's review on the record of the commission and for the purpose of determining if the commission has abused the commission's discretion or exceeded the commission's authority. |
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Renumbered and Amended by Chapter
14, 2025 Special Session 1
Frequently Asked Questions About Utah § 17-76-317
What does Utah Code § 17-76-317 cover?
Section 17-76-317 ("Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review.") 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 § 17-76-317?
A common citation format is "Utah Code § 17-76-317" (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 § 17-76-317 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.
