Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 182 Second Substitute (2021GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that a final order or decree from a hearing regarding the dismissal of a school district employee may be appealed to the Court of Appeals for review;
• provides that a notice of an appeal from a hearing regarding the dismissal of a school district employee be filed in accordance with the Utah Rules of Appellate Procedure;
• provides that review by the Court of Appeals is limited to the record of the local school board or the State Board of Education;
• provides that a review by the Court of Appeals is to determine whether the local school board, or the State Board of Education, exceeded the board's discretion or exceeded the board's authority;
• amends the jurisdiction of the Court of Appeals; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

EDUCATOR HEARINGS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends requirements related to hearings held before a local school board or
the State Board of Education.
Highlighted Provisions:
This bill:
▸ provides that a final order or decree from a hearing regarding the dismissal of a
school district employee may be appealed to the Court of Appeals for review;
▸ provides that a notice of an appeal from a hearing regarding the dismissal of a
school district employee be filed in accordance with the Utah Rules of Appellate
Procedure;
▸ provides that review by the Court of Appeals is limited to the record of the local
school board or the State Board of Education;
▸ provides that a review by the Court of Appeals is to determine whether the local
school board, or the State Board of Education, exceeded the board's discretion or
exceeded the board's authority;
▸ amends the jurisdiction of the Court of Appeals; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-11-515
, as renumbered and amended by Laws of Utah 2018, Chapter 3
78A-4-103
, as last amended by Laws of Utah 2015, Chapter 441
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-11-515
 is amended to read:
53G-11-515.
Hearings before district board or hearing officers -- Rights of the
board and the employee -- Subpoenas -- Appeals.
(1) (a) Hearings are held under this part before the 
school
 board or before hearing
officers selected by the 
school
 board to conduct the hearings and make recommendations
concerning findings.
(b) The 
school
 board shall establish procedures to appoint hearing officers.
(c) The 
school
 board may delegate [
its
] 
the school board's
 authority to a hearing officer
to make decisions relating to the employment of an employee [
which
] 
that
 are binding upon
both the employee and the 
school
 board.
[
(d) This Subsection (1) does not limit the right of the board or the employee to appeal
to an appropriate court of law.
]
(2) At the hearings, an employee has the right to counsel, to produce witnesses, to hear
testimony against the employee, to cross-examine witnesses, and to examine documentary
evidence.
(3) Subpoenas may be issued and oaths administered as provided under Section
53E-6-606
.
(4) All hearings shall be recorded at the school board's expense.
(5) (a) Any final action or order of the school board may be appealed to the Court of
Appeals for review.
(b) A notice of appeal shall be filed in accordance with the Utah Rules of Appellate
Procedure, Rule 4.
(c) A review by the Court of Appeals:
(i) is limited to the record of the school board; and
(ii) shall be for the purpose of determining whether the school board exceeded the
school board's discretion, or the school board exceeded the school board's authority.
Section 2. Section 
78A-4-103
 is amended to read:
78A-4-103.
Court of Appeals jurisdiction.
(1) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue
all writs and process necessary:
(a) to carry into effect its judgments, orders, and decrees; or
(b) in aid of its jurisdiction.
(2) The Court of Appeals has appellate jurisdiction, including jurisdiction of
interlocutory appeals, over:
(a) (i) a final order or decree resulting from:
(A) a formal adjudicative proceeding of a state agency; [
or
]
(B) a special adjudicative proceeding, as described in Section 
19-1-301.5
; or
(C) a hearing before a local school board or the State Board of Education as described
in Section 
53G-11-515
; or
(ii) an appeal from the district court review of an informal adjudicative proceeding of
an agency other than the following:
(A) the Public Service Commission;
(B) the State Tax Commission;
(C) the School and Institutional Trust Lands Board of Trustees;
(D) the Division of Forestry, Fire, and State Lands, for an action reviewed by the
executive director of the Department of Natural Resources;
(E) the Board of Oil, Gas, and Mining; or
(F) the state engineer;
(b) appeals from the district court review of:
(i) adjudicative proceedings of agencies of political subdivisions of the state or other
local agencies; and
(ii) a challenge to agency action under Section 
63G-3-602
;
(c) appeals from the juvenile courts;
(d) interlocutory appeals from any court of record in criminal cases, except those
involving a charge of a first degree or capital felony;
(e) appeals from a court of record in criminal cases, except those involving a
conviction or charge of a first degree felony or capital felony;
(f) appeals from orders on petitions for extraordinary writs sought by persons who are
incarcerated or serving any other criminal sentence, except petitions constituting a challenge to
a conviction of or the sentence for a first degree or capital felony;
(g) appeals from the orders on petitions for extraordinary writs challenging the
decisions of the Board of Pardons and Parole except in cases involving a first degree or capital
felony;
(h) appeals from district court involving domestic relations cases, including, but not
limited to, divorce, annulment, property division, child custody, support, parent-time,
visitation, adoption, and paternity;
(i) appeals from the Utah Military Court; and
(j) cases transferred to the Court of Appeals from the Supreme Court.
(3) The Court of Appeals upon its own motion only and by the vote of four judges of
the court may certify to the Supreme Court for original appellate review and determination any
matter over which the Court of Appeals has original appellate jurisdiction.
(4) The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4,
Administrative Procedures Act, in its review of agency adjudicative proceedings.