67-19a-406 - Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules. - Utah Statutes

67-19a-406. Procedural steps to be followed by aggrieved employee -- Hearingbefore hearing officer -- Evidentiary and procedural rules.
(1) (a) The administrator shall employ a certified court reporter to record the hearing andprepare an official transcript of the hearing.
(b) The official transcript of the proceedings and all exhibits, briefs, motions, andpleadings received by the hearing officer are the official record of the proceeding.
(2) (a) The agency has the burden of proof in all grievances.
(b) The agency must prove the agency's case by substantial evidence.
(3) (a) The hearing officer shall issue a written decision within 20 working days after thehearing is adjourned.
(b) If the hearing officer does not issue a decision within 20 working days, the agencythat is a party to the grievance is not liable for any claimed back wages or benefits after the datethe decision is due.
(4) The hearing officer may:
(a) not award attorney fees or costs to either party;
(b) close a hearing by complying with the procedures and requirements of Title 52,Chapter 4, Open and Public Meetings Act;
(c) seal the file and the evidence produced at the hearing if the evidence raises questionsabout an employee's character, professional competence, or physical or mental health;
(d) grant continuances according to rule; and
(e) decide a motion, an issue regarding discovery, or another issue in accordance withthis chapter.

Amended by Chapter 249, 2010 General Session