Utah Administrative Code Topic - Career Service Review Office
The Utah Administrative Code, under the topic of the Career Service Review Office (CSRO), sets forth the detailed rules governing the grievance and appeals procedures for employees in the executive branch of Utah state government. The CSRO acts as an independent, quasi-judicial agency responsible for hearing and deciding these grievances.
The relevant regulations for the CSRO are primarily found in Utah Code Title 67, Chapter 19a - Grievance Procedures, and further elaborated in Utah Administrative Code Title R137 - Administration, specifically within the rules promulgated by the Career Service Review Office itself.
Here's a breakdown of what these regulations typically cover:
I. Purpose and Authority:
Establishes the CSRO as the body that administers the state's grievance and appeals procedures for career service employees.
Outlines the CSRO's statutory authority to hear specific types of grievances.
II. Jurisdiction of the CSRO:
Crucially defines which types of personnel actions can be appealed to the CSRO. Common examples include:
Dismissals
Demotions
Suspensions
Reductions in force (RIFs)
Disputes concerning abandonment of position
Wage grievances (if an employee is not placed within the salary range for that position)
Emphasizes that if a grievance falls outside the CSRO's defined jurisdiction, it will be dismissed.
III. Grievance Process (Levels of Appeal):
The regulations detail a multi-level grievance process that employees must follow:
Level 1: Initial written grievance submitted to the immediate supervisor.
Level 2: Appeal to the agency or division director if Level 1 is not resolved.
Level 3: Appeal to the department head if Level 2 is not resolved.
Level 4 (CSRO): If internal agency appeals are unsuccessful, the employee can then file a grievance with the Career Service Review Office for a formal evidentiary hearing.
IV. Filing a Grievance with the CSRO (Level 4):
Timelines: Strict deadlines for filing grievances at each level, including with the CSRO (e.g., typically within 10 working days after the most recent event giving rise to the grievance or the employee's knowledge of it, though specific acts like retaliation under the Utah Protection of Public Employees Act may have different timelines).
Required Forms: Specific forms and documentation that must accompany a grievance filing.
Service Requirements: How the grievance must be served on the agency and the CSRO.
V. Evidentiary Hearings:
Nature of Hearing: Describes the Level 4 hearing as a quasi-judicial, evidentiary hearing, similar to a trial.
Hearing Officers: The CSRO administrator or contracted attorneys act as impartial hearing officers.
Burden of Proof: The agency typically bears the burden of proof to demonstrate that the personnel action was justified.
Evidence and Witnesses: Rules regarding the presentation of evidence (e.g., witness testimony under oath, documents) and the ability to subpoena witnesses.
Decision: The hearing officer issues a written decision based on the evidence presented, with the power to affirm, modify, or rescind the agency's decision.
Remedies: The CSRO can order various remedies, including reinstatement with back wages and benefits, or other appropriate relief.
Conduct of Hearing: Rules on opening statements, presentation of evidence, cross-examination, and closing statements.
Remote Hearings: Provisions for hearings to be conducted remotely (e.g., via WebEx) unless a compelling reason for an in-person hearing is established.
VI. Rights and Responsibilities:
Employee Rights: Rights of the grievant, including the right to representation, to present evidence, and to appeal the CSRO's decision to the Utah Court of Appeals.
Agency Responsibilities: Responsibilities of state agencies in responding to grievances and participating in the process.
Non-Retaliation: Prohibits retaliation against employees who file grievances or participate in the grievance process.
VII. Administrative Procedures:
Rules concerning continuances, pre-hearing conferences, discovery, motions, and other procedural matters.
The CSRO's regulations are critical for ensuring due process for Utah's career service employees and providing a mechanism for resolving employment disputes within the state government. For the most precise and up-to-date information, it's always best to consult the official Utah.gov website for the Career Service Review Office (csro.utah.gov) or the Utah Legislature's website.
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