This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 25, 2021 at 9:46 AM by lpoole.
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends requirements related to hearings held before a local school board or
10 the State Board of Education.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that a final order or decree from a hearing regarding the dismissal of a
14 school district employee may be appealed to the Court of Appeals for review;
15 ▸ provides that a notice of an appeal from a hearing regarding the dismissal of a
16 school district employee be filed in accordance with the Utah Rules of Appellate
17 Procedure;
18 ▸ provides that review by the Court of Appeals is limited to the record of the local
19 school board or the State Board of Education;
20 ▸ provides that a review by the Court of Appeal is to determine whether the local
21 school board, or the State Board of Education, exceeded the board's discretion or
22 exceeded the board's authority;
23 ▸ amends the jurisdiction of the Court of Appeals; and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53G-11-515, as renumbered and amended by Laws of Utah 2018, Chapter 3
32 78A-4-103, as last amended by Laws of Utah 2015, Chapter 441
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53G-11-515 is amended to read:
36 53G-11-515. Hearings before district board or hearing officers -- Rights of the
37 board and the employee -- Subpoenas -- Appeals.
38 (1) (a) Hearings are held under this part before the school board or before hearing
39 officers selected by the school board to conduct the hearings and make recommendations
40 concerning findings.
41 (b) The school board shall establish procedures to appoint hearing officers.
42 (c) The school board may delegate [
43 to make decisions relating to the employment of an employee [
44 both the employee and the school board.
45 [
46
47 (2) At the hearings, an employee has the right to counsel, to produce witnesses, to hear
48 testimony against the employee, to cross-examine witnesses, and to examine documentary
49 evidence.
50 (3) Subpoenas may be issued and oaths administered as provided under Section
51 53E-6-606.
51a Ŝ→ (4) All hearings shall be recorded at the school board's expense. ←Ŝ
52 Ŝ→ [
52a Court of
53 Appeals for review.
54 (b) A notice of appeal shall be filed in accordance with the Utah Rules of Appellate
55 Procedure, Rule 4.
56 (c) A review by the Court of Appeals:
57 (i) is limited to the record of the school board; and
58 (ii) shall be for the purpose of determining whether the school board exceeded the
59 school board's discretion, or the school board exceeded the school board's authority.
60 Section 2. Section 78A-4-103 is amended to read:
61 78A-4-103. Court of Appeals jurisdiction.
62 (1) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue
63 all writs and process necessary:
64 (a) to carry into effect its judgments, orders, and decrees; or
65 (b) in aid of its jurisdiction.
66 (2) The Court of Appeals has appellate jurisdiction, including jurisdiction of
67 interlocutory appeals, over:
68 (a) (i) a final order or decree resulting from:
69 (A) a formal adjudicative proceeding of a state agency; [
70 (B) a special adjudicative proceeding, as described in Section 19-1-301.5; or
71 (C) a hearing before a local school board or the State Board of Education as described
72 in Section 53G-11-515; or
73 (ii) an appeal from the district court review of an informal adjudicative proceeding of
74 an agency other than the following:
75 (A) the Public Service Commission;
76 (B) the State Tax Commission;
77 (C) the School and Institutional Trust Lands Board of Trustees;
78 (D) the Division of Forestry, Fire, and State Lands, for an action reviewed by the
79 executive director of the Department of Natural Resources;
80 (E) the Board of Oil, Gas, and Mining; or
81 (F) the state engineer;
82 (b) appeals from the district court review of:
83 (i) adjudicative proceedings of agencies of political subdivisions of the state or other
84 local agencies; and
85 (ii) a challenge to agency action under Section 63G-3-602;
86 (c) appeals from the juvenile courts;
87 (d) interlocutory appeals from any court of record in criminal cases, except those
88 involving a charge of a first degree or capital felony;
89 (e) appeals from a court of record in criminal cases, except those involving a
90 conviction or charge of a first degree felony or capital felony;
91 (f) appeals from orders on petitions for extraordinary writs sought by persons who are
92 incarcerated or serving any other criminal sentence, except petitions constituting a challenge to
93 a conviction of or the sentence for a first degree or capital felony;
94 (g) appeals from the orders on petitions for extraordinary writs challenging the
95 decisions of the Board of Pardons and Parole except in cases involving a first degree or capital
96 felony;
97 (h) appeals from district court involving domestic relations cases, including, but not
98 limited to, divorce, annulment, property division, child custody, support, parent-time,
99 visitation, adoption, and paternity;
100 (i) appeals from the Utah Military Court; and
101 (j) cases transferred to the Court of Appeals from the Supreme Court.
102 (3) The Court of Appeals upon its own motion only and by the vote of four judges of
103 the court may certify to the Supreme Court for original appellate review and determination any
104 matter over which the Court of Appeals has original appellate jurisdiction.
105 (4) The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4,
106 Administrative Procedures Act, in its review of agency adjudicative proceedings.