When an employee advances a grievance to the CSRO or directly
appeals a department head's decision to the CSRO, the administrator shall make
an initial determination of whether the CSRO has authority to review or decide
the grievance or appeal. In order to make this determination, the administrator
may hold an initial adjudicative hearing in accordance with Subsections
67-19a-403(2),
67-19a-402.5(2)(b)(i)
and Section
63G-4-206
or conduct an informal adjudicative review of the file in accordance with
Subsections
67-19a-403(2),
67-19a-402.5(2)(b)(ii)
and Section
63G-4-202
which are incorporated by reference.
(1) Procedural Issues. The administrator
shall make an initial determination of the following: timeliness, direct harm,
jurisdiction, standing, eligibility of the issues to be advanced, and any other
procedural matters or jurisdictional controversies according to Sections
67-19a-402.5,
67-19a-403
and
67-19a-404.
(2) Determination. The administrator has
authority to determine which types of grievances may be heard at Level 4. Those
types of grievances found to have been resolved at a lower level or those that
do not qualify for advancement to Level 4 are precluded from further
consideration in any grievance submitted for CSRO consideration.
(3) Preclusion. Those types of actions not
listed in Sections
67-19a-202(1),
67-19a-202(2) or 67-19a-202 (3) are precluded from advancement to Level 4. For grievances
filed under Section
67-19a-202(1),
if the CSRO does not have jurisdiction at Level 4, the matter shall be deemed
final at Level 3 according to Section
67-19a-302(3).
(4) Reconsideration. A written request for
reconsideration may be filed with the administrator. It must be filed within 20
days from the date the administrator issues a decision regarding whether the
CSRO has authority to review or decide a grievance or appeal. Section
63G-4-302
of the UAPA is incorporated by reference. The written reconsideration request
must contain specific reasons why a reconsideration is warranted with respect
to the factual findings and legal conclusions of the hearing decision or
administrative review of the file decision. New or additional evidence may not
be considered.
(5) Judicial Review.
(a) The aggrieved employee or the responding
agency may appeal the administrator's initial adjudicative hearing decision and
final agency action to the Utah Court of Appeals within 30 calendar days from
the date of issuance according to Subsection
63G-4-401(3)(a) and Section
63G-4-403
of the UAPA, which are incorporated by reference.
(b) A decision reached by the CSRO upon
administrative review of the findings resulting from an abusive conduct
investigation under Section
67-19a-501
is final and not subject to appeal.
(c) A decision reached by the CSRO in
reviewing a retaliatory action grievance from a reporting employee, as defined
by Subsections 67-19a-10110 and 67-19a-10111,may be appealed to the Utah Court
of Appeals.
(6) Summary
Judgment. The administrator or the (Presiding Officer, Utah Code Ann. Section
63G-4-103(1)(h)(i)) hearing officer may, pursuant to an administrative review of the procedural
facts and circumstances of a grievance case, summarily dispose of a case on the
ground that:
(a) the matter is
untimely;
(b) the grievant has
failed to appear at the properly scheduled date, time, and place pursuant to
written notice;
(c) the grievant
lacks standing;
(d) the grievant
has withdrawn or otherwise abandoned the grievance;
(e) the grievant has not been directly
harmed;
(f) the issue grieved does
not qualify to be advanced beyond step 3; or
(g) the requested remedy or relief exceeds
the scope of these grievance procedures.
(7) Transcription and Transcript Fees. If a
party appeals the administrator's initial adjudicative hearing decision to the
Utah Court of Appeals, the appealing party is responsible for having the CSRO's
recording transcribed by a certified court reporter and for paying all
transcription costs and any transcript fees. The CSRO does not participate in
the payment of these fees when appeals are taken to the appellate court. See
Utah Rules of Appellate Procedure, Rule 11, and Section
63G-4-403(3),
regarding transcript costs from formal adjudications under the UAPA.
