Current through the 2024 Fourth Special Session
Section 67-19a-202 - Powers - Scope of authority(1) The office shall serve as the final administrative body to review a grievance from a career service employee and an agency of a decision regarding: (d) a reduction in force;(e) a dispute concerning abandonment of position;(f) a wage grievance if an employee is not placed within the salary range of the employee's current position;(g) a violation of a rule adopted under Title 63A, Chapter 17, Utah State Personnel Management Act; or(h) except as provided by Subsection (5), equitable administration of the following benefits: (i) long-term disability insurance;(iv) post-retirement health insurance;(v) post-retirement life insurance;(vii) defined contribution retirement;(viii) defined benefit retirement; and(2) The office shall serve as the final administrative body to review a grievance by a reporting employee alleging retaliatory action.(3) The office shall serve as the final administrative body to review, without an evidentiary hearing, the findings of an abusive conduct investigation described in Section 67-26-202 of a state executive branch agency employee.(4) The office may not take jurisdiction of a matter that an employer has not had an opportunity to address.(5) The office may not review or take action on: (a) a personnel matter not listed in Subsections (1) through (3);(b) a personnel matter listed in Subsections (1) through (3) that alleges discrimination or retaliation related to a claim of discrimination that is a violation of a state or federal law for which review and action by the office is preempted by state or federal law; or(c) a personnel matter related to a claim for which an administrative review process is provided by statute and administered by:(i) the Utah State Retirement Systems under Title 49, Utah State Retirement and Insurance Benefit Act;(ii) the Public Employees' Benefit and Insurance Program under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act; or(iii) the Public Employees' Long-Term Disability Program under Title 49, Chapter 21, Public Employees' Long-Term Disability Act.(6) The time limits established in this chapter supersede the procedural time limits established in Title 63G, Chapter 4, Administrative Procedures Act.Amended by Chapter 209, 2022 General Session ,§ 7, eff. 5/4/2022.Amended by Chapter 344, 2021 General Session ,§ 194, eff. 7/1/2021.Amended by Chapter 155, 2020 General Session ,§ 3, eff. 7/1/2020.Amended by Chapter 390, 2018 General Session ,§ 4, eff. 5/8/2018.Amended by Chapter 258, 2015 General Session ,§ 104, eff. 5/12/2015.Amended by Chapter 427, 2013 General Session ,§ 2, eff. 5/14/2013.Repealed and Re-enacted by Chapter 249, 2010 General Session