Chief Sponsor: LaVar Christensen

Senate Sponsor: Brian Zehnder


8     General Description:
9          This bill repeals a requirement that the Career Service Review Office employ a court
10     reporter to make a transcript of a grievance procedure hearing.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals a requirement that the administrator of the Career Service Review Office
14     employ a court reporter to make a transcript of a grievance procedure hearing; and
15          ▸     requires the administrator of the Career Service Review Office to record a grievance
16     procedure hearing.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          67-19a-406, as last amended by Laws of Utah 2013, Chapter 109

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 67-19a-406 is amended to read:
27          67-19a-406. Procedural steps to be followed by aggrieved employee -- Hearing

28     before hearing officer -- Evidentiary and procedural rules.
29          (1) (a) The administrator shall [employ a certified court reporter to] record the hearing
30     and [prepare an official transcript of the hearing] preserve the record.
31          (b) The [official transcript] recording of the proceedings and all exhibits, briefs,
32     motions, and pleadings received by the hearing officer are the official record of the proceeding.
33          (2) (a) The agency has the burden of proof in all grievances.
34          (b) The agency must prove the agency's case by substantial evidence.
35          (3) (a) The hearing officer shall issue a written decision within 20 working days after
36     the hearing is adjourned.
37          (b) If the hearing officer does not issue a decision within 20 working days, the agency
38     that is a party to the grievance is not liable for any claimed back wages or benefits after the date
39     the decision is due.
40          (4) The hearing officer may:
41          (a) not award attorney fees or costs to either party;
42          (b) close a hearing by complying with the procedures and requirements of Title 52,
43     Chapter 4, Open and Public Meetings Act;
44          (c) seal the file and the evidence produced at the hearing if the evidence raises
45     questions about an employee's character, professional competence, or physical or mental
46     health;
47          (d) grant continuances according to rule; and
48          (e) decide a motion, an issue regarding discovery, or another issue in accordance with
49     this chapter.
50          (5) (a) A hearing officer shall affirm, rescind, or modify agency action.
51          (b) (i) If a hearing officer does not affirm agency action, the hearing officer shall order
52     back pay and back benefits that the grievant would have received without the agency action.
53          (ii) An order under Subsection (5)(b)(i) shall include:
54          (A) reimbursement to the grievant for premiums that the grievant paid for benefits
55     allowed under the Consolidated Omnibus Reconciliation Act of 1985; and
56          (B) an offset for any state paid benefits the grievant receives because of the agency
57     action, including unemployment compensation benefits.
58          (c) In an order under Subsection (5)(b)(i), a hearing officer may not reduce the amount

59     of back pay and benefits awarded a grievant because of income that the grievant earns during
60     the grievance process.

Legislative Review Note
Office of Legislative Research and General Counsel