Section 501 - Procedural steps to be followed in an administrative review of an abusive conduct investigation.

UT Code § 67-19a-501 (2019) (N/A)
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(1) An employee may initiate an administrative review of the findings of an abusive conduct investigation within 10 days after the day on which the employee receives notification of the investigative findings.

(2) (a) An employee bringing an administrative review of the findings described in Subsection (1) may file the request for the administrative review directly with the office. (b) The request for administrative review may set forth the reasons for the appeal and include any submissions the employee desires to submit.

(a) An employee bringing an administrative review of the findings described in Subsection (1) may file the request for the administrative review directly with the office.

(b) The request for administrative review may set forth the reasons for the appeal and include any submissions the employee desires to submit.

(3) (a) When an employee initiates the review described in Subsection (2) with the office: (i) the role of the administrative review is to review and rule upon the department's findings and decision; and (ii) an evidentiary hearing is not required. (b) The department shall make the abusive conduct investigative file available for the administrator's in camera review. (c) The administrator may: (i) request additional relevant documents from the department or the affected employee; and (ii) interview the department's investigators who conducted the investigation.

(a) When an employee initiates the review described in Subsection (2) with the office: (i) the role of the administrative review is to review and rule upon the department's findings and decision; and (ii) an evidentiary hearing is not required.

(i) the role of the administrative review is to review and rule upon the department's findings and decision; and

(ii) an evidentiary hearing is not required.

(b) The department shall make the abusive conduct investigative file available for the administrator's in camera review.

(c) The administrator may: (i) request additional relevant documents from the department or the affected employee; and (ii) interview the department's investigators who conducted the investigation.

(i) request additional relevant documents from the department or the affected employee; and

(ii) interview the department's investigators who conducted the investigation.

(4) (a) If the administrator determines that the investigator's findings are not reasonable, rational, and sufficiently supported by the record, the administrator may overturn the findings and remand to the agency for appropriate action. (b) The administrator may uphold the department's investigative findings if, based on the administrative review, the administrator determines that the investigator's findings are reasonable, rational, and sufficiently supported by the record.

(a) If the administrator determines that the investigator's findings are not reasonable, rational, and sufficiently supported by the record, the administrator may overturn the findings and remand to the agency for appropriate action.

(b) The administrator may uphold the department's investigative findings if, based on the administrative review, the administrator determines that the investigator's findings are reasonable, rational, and sufficiently supported by the record.

(5) (a) Within 30 days after the day on which an employee initiates an administrative review under this section, the administrator shall issue a notice stating whether the administrator upheld or overturned the investigative findings. (b) The office's determination upon administrative review of the findings resulting from an abusive conduct investigation is final and not subject to appeal. (c) The following are classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act, and any other applicable confidentiality provisions: (i) the request for administrative review and any accompanying documents; (ii) documents that any party provides; (iii) the contents of the administrative review file; and (iv) the office's determination.

(a) Within 30 days after the day on which an employee initiates an administrative review under this section, the administrator shall issue a notice stating whether the administrator upheld or overturned the investigative findings.

(b) The office's determination upon administrative review of the findings resulting from an abusive conduct investigation is final and not subject to appeal.

(c) The following are classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act, and any other applicable confidentiality provisions: (i) the request for administrative review and any accompanying documents; (ii) documents that any party provides; (iii) the contents of the administrative review file; and (iv) the office's determination.

(i) the request for administrative review and any accompanying documents;

(ii) documents that any party provides;

(iii) the contents of the administrative review file; and

(iv) the office's determination.

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