Section 404 - Evidentiary hearing.

UT Code § 67-19a-404 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) If the administrator determines that the office has authority to review the grievance, the administrator shall: (a) appoint a hearing officer to adjudicate the grievance; and (b) set a date for the evidentiary hearing that is either: (i) not later than 30 days after the date the administrator determines that the office has authority to review the grievance; or (ii) at a date: (A) agreed upon by the parties and the administrator; and (B) not greater than 150 days after the date the administrator determines that the office has authority to review the grievance.

(a) appoint a hearing officer to adjudicate the grievance; and

(b) set a date for the evidentiary hearing that is either: (i) not later than 30 days after the date the administrator determines that the office has authority to review the grievance; or (ii) at a date: (A) agreed upon by the parties and the administrator; and (B) not greater than 150 days after the date the administrator determines that the office has authority to review the grievance.

(i) not later than 30 days after the date the administrator determines that the office has authority to review the grievance; or

(ii) at a date: (A) agreed upon by the parties and the administrator; and (B) not greater than 150 days after the date the administrator determines that the office has authority to review the grievance.

(A) agreed upon by the parties and the administrator; and

(B) not greater than 150 days after the date the administrator determines that the office has authority to review the grievance.

(2) After the date for the evidentiary hearing has been set, the administrator or assigned hearing officer may grant each party one extension of reasonable length for extraordinary circumstances as determined by the administrator or assigned hearing officer.

(3) Notwithstanding Section 63G-4-205, and in order to accommodate the 150-day time limit, the administrator may only allow a motion for discovery for production of documents, records, and evidence under Utah Rules of Civil Procedure, Rule 34.