Utah Admin. Code 51-4-4

Current through Bulletin 2024-12, June 15, 2024

Section R51-4-4 - Investigation of Complaints

1) Within ten days of receipt of the complaint, the Grievance Coordinator shall assign the investigation of the complaint to the applicable Department Coordinator.

2) Within ten days of receipt of the complaint from the Grievance Coordinator, the Department Coordinator shall:

a) notify the complainant in writing or electronically that an investigation of the complaint has commenced; and

b) provide the deadline by which the complainant shall receive correspondence regarding the outcome of the investigation, which unless additional time is required under Subsection R51-4-4(10), shall not exceed 60 days.

3) The Grievance Coordinator shall be provided a copy of this correspondence from the Department Coordinator.

4) The Department Coordinator shall gather and document available relevant information.

5) When conducting the investigation, the Department Coordinator may seek assistance from the department's legal, human resource, and budget staff in determining what action, if any, shall be taken on the complaint.

6) Before the Department Coordinator makes any decision that would involve an expenditure of funds that is not absorbable within the department's budget and would require appropriation authority, facility modifications, or reclassification or reallocation in grade, they shall consult with the commissioner.

7) The Grievance Coordinator shall retain a copy of the complaint at the department's main office.

8) If the Department Coordinator, with the approval of the commissioner, believes the department is unable to adequately address the complaint for good cause shown, such as lack of resources or subject matter experience, the department may coordinate with the Department of Human Services or another agency to have the complaint transferred or may work in partnership with any agency to resolve each issue cited in the complaint.

9) The Department Coordinator, or designee under the direction of the Department Coordinator, shall conduct the investigation into the complaint and draft a proposed response to the complaint.

10) If the Department Coordinator is unable to complete the investigation and make a recommendation within the 60 day timeframe, the complainant and the Grievance Coordinator shall be notified of the reason and date by which the complainant shall receive a response. This response date should not exceed 30 days.

Utah Admin. Code R51-4-4

Amended by Utah State Bulletin Number 2021-18, effective 9/1/2021