Utah § 19a-406 - Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules.
Full text of Utah Utah Code § 19a-406 — Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules., with citation guidance and answers to common questions.
§ 19a-406. Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules.
Effective 5/8/2018 67-19a-406.
Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules.
(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.
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.
Amended by Chapter 127, 2018 General Session Amended by Chapter 390, 2018 General Session
Section 19a-406 ("Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules.") 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-406?
A common citation format is "Utah Code § 19a-406" (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-406 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.
