Utah Admin. Code R25-3-3 - Appeal and Request for Review Process
Person(s) acting on an Appeal and Request for Review pursuant to Subsection 63A-3-110(4), and in accordance with Title 63G, Chapter 4, Utah Administrative Procedures Act, and these rules, shall conduct the Appeal process according to the following steps:
(1) A review hearing
before the Appeal Authority may be requested only after the Responsible
Governmental Entity has determined--in accordance with its own investigative
and Appeal processes--the following:
(a) an
employee or officer intentionally made a Personal Use Expenditure or incurred
indebtedness or liability on behalf of, or payable by, the Responsible
Governmental Entity for a Personal Use Expenditure in violation of Subsection
63A-3-110(2);
furthermore,
(b) the Responsible
Governmental Entity Head imposed upon the employee or officer the
administrative penalties specified in Subsection
63A-3-110(3),
in writing.
(2) Should
an employee or officer disagree with the Responsible Governmental Entity Head's
finding or authorization of the administrative penalties, the aggrieved Party
may file a Request for Review with the Administrator.
(a) The Request for Review must be submitted
to the Administrator in writing, using the form available from the Division of
Finance, within 30 calendar days of the day the Responsible Governmental Entity
Head's formal notice of the finding and authorized administrative penalties is
issued. All related documentation required by the Division of Finance form must
also be submitted with the form.
(b) Copies of the form and the required
documentation must be submitted to the Responsible Governmental Entity Head and
other Parties by the employee or officer requesting the hearing.
(3) Within 15 days of submission
of the Request for Review, any Party to the hearing may file a response with
the Administrator. The Party who submits a response shall send a copy of the
response to other Parties.
Notes
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