Section R137-1-17 - Initial Review by AdministratorWhen 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.Utah Admin. Code R137-1-17
Amended by Utah State Bulletin Number 2018-20, effective 9/28/2018