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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-1012

Suspension or discharge by department head -- Appeal to commission -- Hearing and decision. Subject to Subsection (1)(b) , all persons in the classified civil service may be suspended as provided in Section 10-3-912 , or…

Source excerpt

appealsdisciplinary actionemployee disciplineemployee rightsemploymentlaw enforcement procedurespublic employment
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“Suspension or discharge by department head -- Appeal to commission -- Hearing and decision. Subject to Subsection (1)(b) , all persons in the classified civil service may be suspended as provided in Section 10-3-912 , or removed from”

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Subsection 10-3-1012(1)(b)

Before suspending a classified-civil-service law enforcement officer for more than two days, demoting them, or removing them, the employing agency must notify the officer of the allegations, allow at least two business days for a written reply, have the agency…

Section 10-3-1012(1)(b)

Subsection 10-3-1012(1)(b)(iv)

The agency head or the agency head’s designated representative must give the law enforcement officer an opportunity to be heard.

Section 10-3-1012(1)(b)(iv)

Subsection 10-3-1012(1)(c)(ii)

Applies to a law enforcement officer in a municipality with adopted policies that provide more protective procedures than those in Subsection (1)(b).

Section 10-3-1012(1)(c)(ii)

Subsection 10-3-1012(4)

The civil service commission must certify its finding and decision to the department head, and the head must immediately enforce it.

Section 10-3-1012(4)

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Source record from le.utah.gov · Legal dates not recorded

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Showing 14 of 14 provisions

Provision 14

Part 10-3-10

part 10-3-10 Civil Service Commission

§ 10-3-1012Suspension or discharge by department head -- Appeal to commission -- Hearing and decision.Provision

Source excerpt

Suspension or discharge by department head -- Appeal to commission -- Hearing and decision. Subject to Subsection (1)(b) , all persons in the classified civil service may be suspended as provided in Section 10-3-912 , or removed from

Suspension or discharge by department head -- Appeal to commission -- Hearing and decision. Subject to Subsection (1)(b) , all persons in the classified civil service may be suspended as provided in Section 10-3-912 , or removed from office or employment by the head of the department for misconduct, incompetency, failure to perform duties, or failure to observe properly the rules of the department, but subject to appeal by the suspended or discharged person to the civil service commission. Before a law enforcement officer, as that term is defined in Section 53-13-103 , who is in the classified civil service may be suspended for more than two days, demoted, or removed from employment under Subsection (1)(a) , the law enforcement officer's employing agency shall, at a minimum: notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of suspension for more than two days, demotion, or removal; give the law enforcement officer no less than two business days after the day on which the notification described in Subsection (1)(b)(i) is provided to submit a written reply to the agency head or the agency head's designated representative; have the agency head, or the agency head's designated representative, consider any written reply submitted by the law enforcement officer; and give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative. The provisions of Subsection (1)(b) do not limit or alter the rights under this part of: an employee in the classified civil service who is not a law enforcement officer; or a law enforcement officer in a municipality that provides, by adopted policy, procedures that are more protective for the law enforcement officer than the procedures described in Subsection (1)(b) . Any person suspended or discharged under Subsection (1) may, within five days from the issuance by the head of the department of the order of suspension or discharge, appeal to the civil service commission, which shall fully hear and determine the matter. The suspended or discharged person shall be entitled to appear in person and to have counsel and a public hearing. The finding and decision of the civil service commission upon the hearing shall be certified to the head of the department from whose order the appeal is taken, and shall be final and immediately enforced by the head.
Section 10-3-1012Verify source
§ 10-3-1012(1)Subsection 10-3-1012(1)Provision

Source excerpt

Certain classified civil service employees may be suspended or removed, and law enforcement officers facing more than two days’ suspension, demotion, or removal must get notice, time to reply, review of the reply, and an opportunity to be heard.

Subject to Subsection (1)(b) , all persons in the classified civil service may be suspended as provided in Section 10-3-912 , or removed from office or employment by the head of the department for misconduct, incompetency, failure to perform duties, or failure to observe properly the rules of the department, but subject to appeal by the suspended or discharged person to the civil service commission. Before a law enforcement officer, as that term is defined in Section 53-13-103 , who is in the classified civil service may be suspended for more than two days, demoted, or removed from employment under Subsection (1)(a) , the law enforcement officer's employing agency shall, at a minimum: notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of suspension for more than two days, demotion, or removal; give the law enforcement officer no less than two business days after the day on which the notification described in Subsection (1)(b)(i) is provided to submit a written reply to the agency head or the agency head's designated representative; have the agency head, or the agency head's designated representative, consider any written reply submitted by the law enforcement officer; and give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative. The provisions of Subsection (1)(b) do not limit or alter the rights under this part of: an employee in the classified civil service who is not a law enforcement officer; or a law enforcement officer in a municipality that provides, by adopted policy, procedures that are more protective for the law enforcement officer than the procedures described in Subsection (1)(b) .
Section 10-3-1012(1)Verify source
§ 10-3-1012(1)(a)Subsection 10-3-1012(1)(a)Provision

Source excerpt

Subject to Subsection (1)(b), classified civil service employees may be suspended under Section 10-3-912, or removed from office or employment by the department head for misconduct, incompetency, failure to perform duties, or failure to follow department rules. Suspended or discharged persons may appeal to the civil service commission.

Subject to Subsection (1)(b) , all persons in the classified civil service may be suspended as provided in Section 10-3-912 , or removed from office or employment by the head of the department for misconduct, incompetency, failure to perform duties, or failure to observe properly the rules of the department, but subject to appeal by the suspended or discharged person to the civil service commission.
Section 10-3-1012(1)(a)Verify source
§ 10-3-1012(1)(b)Subsection 10-3-1012(1)(b)Provision

Source excerpt

Before suspending a classified-civil-service law enforcement officer for more than two days, demoting them, or removing them, the employing agency must notify the officer of the allegations, allow at least two business days for a written reply, have the agency head or designee consider that reply, and give the officer an opportunity to be heard.

Before a law enforcement officer, as that term is defined in Section 53-13-103 , who is in the classified civil service may be suspended for more than two days, demoted, or removed from employment under Subsection (1)(a) , the law enforcement officer's employing agency shall, at a minimum: notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of suspension for more than two days, demotion, or removal; give the law enforcement officer no less than two business days after the day on which the notification described in Subsection (1)(b)(i) is provided to submit a written reply to the agency head or the agency head's designated representative; have the agency head, or the agency head's designated representative, consider any written reply submitted by the law enforcement officer; and give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative.
Section 10-3-1012(1)(b)Verify source
§ 10-3-1012(1)(b)(i)Subsection 10-3-1012(1)(b)(i)Provision

Source excerpt

The employing agency must notify the law enforcement officer of alleged wrongdoing that may support discipline.

notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of suspension for more than two days, demotion, or removal;
Section 10-3-1012(1)(b)(i)Verify source
§ 10-3-1012(1)(b)(ii)Subsection 10-3-1012(1)(b)(ii)Provision

Source excerpt

A law enforcement officer is given at least two business days after the stated notification is provided to submit a written reply to the agency head or the agency head’s designated representative.

give the law enforcement officer no less than two business days after the day on which the notification described in Subsection (1)(b)(i) is provided to submit a written reply to the agency head or the agency head's designated representative;
Section 10-3-1012(1)(b)(ii)Verify source
§ 10-3-1012(1)(b)(iii)Subsection 10-3-1012(1)(b)(iii)Provision

Source excerpt

The agency head or the agency head’s designated representative must consider any written reply submitted by the law enforcement officer.

have the agency head, or the agency head's designated representative, consider any written reply submitted by the law enforcement officer; and
Section 10-3-1012(1)(b)(iii)Verify source
§ 10-3-1012(1)(b)(iv)Subsection 10-3-1012(1)(b)(iv)Provision

Source excerpt

The agency head or the agency head’s designated representative must give the law enforcement officer an opportunity to be heard.

give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative.
Section 10-3-1012(1)(b)(iv)Verify source
§ 10-3-1012(1)(c)Subsection 10-3-1012(1)(c)Provision

Source excerpt

The provisions of Subsection (1)(b) do not limit or alter the rights under this part of: an employee in the classified civil service who is not a law enforcement officer; or a law enforcement officer in a municipality that provides, by

The provisions of Subsection (1)(b) do not limit or alter the rights under this part of: an employee in the classified civil service who is not a law enforcement officer; or a law enforcement officer in a municipality that provides, by adopted policy, procedures that are more protective for the law enforcement officer than the procedures described in Subsection (1)(b) .
Section 10-3-1012(1)(c)Verify source
§ 10-3-1012(1)(c)(i)Subsection 10-3-1012(1)(c)(i)Provision

Source excerpt

This phrase refers to an employee in the classified civil service who is not a law enforcement officer.

an employee in the classified civil service who is not a law enforcement officer; or
Section 10-3-1012(1)(c)(i)Verify source
§ 10-3-1012(1)(c)(ii)Subsection 10-3-1012(1)(c)(ii)Provision

Source excerpt

Applies to a law enforcement officer in a municipality with adopted policies that provide more protective procedures than those in Subsection (1)(b).

a law enforcement officer in a municipality that provides, by adopted policy, procedures that are more protective for the law enforcement officer than the procedures described in Subsection (1)(b) .
Section 10-3-1012(1)(c)(ii)Verify source
§ 10-3-1012(2)Subsection 10-3-1012(2)Provision

Source excerpt

A person suspended or discharged under Subsection (1) may appeal to the civil service commission within five days, and the commission must fully hear and determine the matter.

Any person suspended or discharged under Subsection (1) may, within five days from the issuance by the head of the department of the order of suspension or discharge, appeal to the civil service commission, which shall fully hear and determine the matter.
Section 10-3-1012(2)Verify source
§ 10-3-1012(3)Subsection 10-3-1012(3)Provision

Source excerpt

A suspended or discharged person is entitled to appear in person, have counsel, and receive a public hearing.

The suspended or discharged person shall be entitled to appear in person and to have counsel and a public hearing.
Section 10-3-1012(3)Verify source
§ 10-3-1012(4)Subsection 10-3-1012(4)Provision

Source excerpt

The civil service commission must certify its finding and decision to the department head, and the head must immediately enforce it.

The finding and decision of the civil service commission upon the hearing shall be certified to the head of the department from whose order the appeal is taken, and shall be final and immediately enforced by the head.
Section 10-3-1012(4)Verify source

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