Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 183 (2018GS)

Sponsor

Rep. Christensen, L.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals a requirement that the administrator of the Career Service Review Office employ a court reporter to make a transcript of a grievance procedure hearing; and
• requires the administrator of the Career Service Review Office to record a grievance procedure hearing.

Every vote on this bill

Bill text

CAREER SERVICE REVIEW OFFICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
Brian Zehnder
LONG TITLE
General Description:
This bill repeals a requirement that the Career Service Review Office employ a court
reporter to make a transcript of a grievance procedure hearing.
Highlighted Provisions:
This bill:
▸ repeals a requirement that the administrator of the Career Service Review Office
employ a court reporter to make a transcript of a grievance procedure hearing; and
▸ requires the administrator of the Career Service Review Office to record a grievance
procedure hearing.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
67-19a-406
, as last amended by Laws of Utah 2013, Chapter 109
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
67-19a-406
 is amended to read:
67-19a-406.
Procedural steps to be followed by aggrieved employee -- Hearing
before hearing officer -- Evidentiary and procedural rules.
(1) (a) The administrator shall [
employ a certified court reporter to
] record the hearing
and [
prepare an official transcript of the hearing
] 
preserve the record
.
(b) The [
official transcript
] 
recording
 of the proceedings and all exhibits, briefs,
motions, and pleadings 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
the hearing is adjourned.
(b) If the hearing officer does not issue a decision within 20 working days, the agency
that is a party to the grievance is not liable for any claimed back wages or benefits after the date
the 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
questions about 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 with
this chapter.
(5) (a) A hearing officer shall affirm, rescind, or modify agency action.
(b) (i) If a hearing officer does not affirm agency action, the hearing officer shall order
back pay and back benefits that the grievant would have received without the agency action.
(ii) An order under Subsection (5)(b)(i) shall include:
(A) reimbursement to the grievant for premiums that the grievant paid for benefits
allowed under the Consolidated Omnibus Reconciliation Act of 1985; and
(B) an offset for any state paid benefits the grievant receives because of the agency
action, including unemployment compensation benefits.
(c) In an order under Subsection (5)(b)(i), a hearing officer may not reduce the amount
of back pay and benefits awarded a grievant because of income that the grievant earns during
the grievance process.