United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-1106, 1977

Source excerpt

administrative appealsadministrative procedureappealsappeals proceduredisciplinary employment actiondisciplinary processemployee disciplineemployee noticeemploymentemployment disciplinefiling deadlinesgrievance procedureshearing opportunityhearing proceduremunicipal governancemunicipal grievance procedurereply period

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 1977
Dates: Enacted 1977

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Dates: Enacted 1977

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“Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure. An employee to which Section 10-3-1105 applies may not be discharged, suspended without pay, or involuntarily transferred to a position with less”

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Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure.

Section 10-3-1106

Subsection 10-3-1106(1)(c)(ii)

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

Section 10-3-1106(1)(c)(ii)

Subsection 10-3-1106(4)(a)(i)

appear in person and be represented by counsel;

Section 10-3-1106(4)(a)(i)

Subsection 10-3-1106(5)(b)(ii)

any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.

Section 10-3-1106(5)(b)(ii)

Subsection 10-3-1106(8)(b)

discharged or transferred to a position with less remuneration if the discharge or transfer is the result of a layoff, reorganization, or other non-disciplinary reason.

Section 10-3-1106(8)(b)

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Source record from le.utah.gov · Enacted 1977

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Provision 50

Part 10-3-11

part 10-3-11 Personnel Rules and Benefits

§ 10-3-1106Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure.Provision

Source excerpt

Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure. An employee to which Section 10-3-1105 applies may not be discharged, suspended without pay, or involuntarily transferred to a position with less remuneration: because of the employee's politics or religious belief; or incident to, or through changes, either in the elective officers, governing body, or heads of departments. Before an employee who is a law enforcement officer, as that term is defined in Section 53-13-103 , to which Subsection 10-3-1105(1)(a) applies may be discharged, suspended without pay for more than two days, or involuntarily transferred to a position with less remuneration due to disciplinary reasons, 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 discharge, suspension of more than two days without pay, or involuntary transfer to a position with less remuneration due to disciplinary reasons; 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 to which Section 10-3-1105 applies 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) . If, after the requirements of Subsections (1)(a) and (b) have been met, an employee other than an employee described in Subsection 10-3-1105(2) , is discharged, suspended for more than two days without pay, or involuntarily transferred from one position to another with less remuneration for any disciplinary reason, the employee may, subject to Subsection (2)(b) , appeal the final decision to discharge, suspend without pay, or involuntarily transfer to an appeal board or hearing officer established under Subsection (7) . If the municipality provides an internal grievance procedure, the employee shall exhaust the employee's rights under that grievance procedure before appealing to the appeal board or hearing officer. Each appeal under Subsection (2) shall be taken by filing written notice of the appeal with the municipal recorder in accordance with procedures established by a municipality within 10 calendar days after: if the municipality provides an internal grievance procedure, the employee receives notice of the final disposition of the municipality's internal grievance procedure; or if the municipality does not provide an internal grievance procedure, the discharge, suspension, or involuntary transfer. Upon the filing of an appeal under Subsection (3)(a) , the municipal recorder shall refer a copy of a properly filed appeal to the appeal board or hearing officer described in Subsection (7) . Upon receipt of the referral from the municipal recorder, the appeal board or hearing officer shall schedule a hearing to take and receive evidence and fully hear and determine the matter which relates to the reason for the discharge, suspension, or transfer. An employee who is the subject of the discharge, suspension, or transfer may: appear in person and be represented by counsel; have a hearing open to the public; confront the witness whose testimony is to be considered; and examine the evidence to be considered by the appeal board. An employee or the municipality may request the hearing described in Subsection (4)(a)(ii) . A decision of the appeal board shall be by secret ballot. The appeal board or the hearing officer shall certify a decision by the appeal board or hearing officer, respectively, with the recorder no later than 15 days after the day on which the hearing is held, except as provided in Subsection (5)(a)(iii) . For good cause, the appeal board or hearing officer may extend the 15-day period under Subsection (5)(a)(ii) to a maximum of 60 calendar days, if the employee and municipality both consent. If the appeal board or hearing officer finds in favor of the employee, the appeal board or hearing officer shall provide that the employee shall receive: the employee's salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or any deficiency in salary for the period during which the employee was transferred to a position of less remuneration. A final action or order of the appeal board or hearing officer may be reviewed by the Court of Appeals by filing with that court a petition for review. A petition under Subsection (6)(a) shall be filed within 30 days after the issuance of the final action or order of the appeal board or hearing officer. The Court of Appeals' review shall be: on the record of the appeal board or hearing officer; and for the purpose of determining if the appeal board or hearing officer abused its discretion or exceeded its authority. The method and manner of choosing a hearing officer or the members of the appeal board, the number of members, the designation of a hearing officer's or appeal board member's term of office, and the procedure for conducting an appeal and the standard of review shall be prescribed by the governing body of each municipality by ordinance. For a municipality operating under a form of government other than a council-mayor form under Chapter 3b, Part 2, Council-Mayor Form of Municipal Government , an ordinance adopted under Subsection (7)(a) may provide that the governing body of the municipality shall serve as the appeal board. This section does not apply to an employee: described in Subsection 10-3-1105(2) ; or discharged or transferred to a position with less remuneration if the discharge or transfer is the result of a layoff, reorganization, or other non-disciplinary reason.

Section 10-3-1106Verify source

§ 10-3-1106(1)Subsection 10-3-1106(1)Provision

Source excerpt

An employee to which Section 10-3-1105 applies may not be discharged, suspended without pay, or involuntarily transferred to a position with less remuneration: because of the employee's politics or religious belief; or incident to, or through changes, either in the elective officers, governing body, or heads of departments. Before an employee who is a law enforcement officer, as that term is defined in Section 53-13-103 , to which Subsection 10-3-1105(1)(a) applies may be discharged, suspended without pay for more than two days, or involuntarily transferred to a position with less remuneration due to disciplinary reasons, 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 discharge, suspension of more than two days without pay, or involuntary transfer to a position with less remuneration due to disciplinary reasons; 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 to which Section 10-3-1105 applies 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 10-3-1106(1)Verify source

§ 10-3-1106(1)(a)Subsection 10-3-1106(1)(a)Provision

Source excerpt

An employee covered by Section 10-3-1105 may not be discharged, suspended without pay, or involuntarily transferred to a lower-paying position for the employee’s politics or religious belief, or because of changes in elected officers, the governing body, or department heads.

Section 10-3-1106(1)(a)Verify source

§ 10-3-1106(1)(a)(i)Subsection 10-3-1106(1)(a)(i)Provision

Source excerpt

because of the employee's politics or religious belief; or

Section 10-3-1106(1)(a)(i)Verify source

§ 10-3-1106(1)(a)(ii)Subsection 10-3-1106(1)(a)(ii)Provision

Source excerpt

incident to, or through changes, either in the elective officers, governing body, or heads of departments.

Section 10-3-1106(1)(a)(ii)Verify source

§ 10-3-1106(1)(b)Subsection 10-3-1106(1)(b)Provision

Source excerpt

Before an employee who is a law enforcement officer, as that term is defined in Section 53-13-103 , to which Subsection 10-3-1105(1)(a) applies may be discharged, suspended without pay for more than two days, or involuntarily transferred to a position with less remuneration due to disciplinary reasons, 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 discharge, suspension of more than two days without pay, or involuntary transfer to a position with less remuneration due to disciplinary reasons; 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 10-3-1106(1)(b)Verify source

§ 10-3-1106(1)(b)(i)Subsection 10-3-1106(1)(b)(i)Provision

Source excerpt

The employing agency must notify the law enforcement officer of wrongdoing allegations when those allegations may support discharge, a suspension of more than two days without pay, or an involuntary transfer to a lower-paid position for disciplinary reasons.

notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of discharge, suspension of more than two days without pay, or involuntary transfer to a position with less remuneration due to disciplinary reasons;

Section 10-3-1106(1)(b)(i)Verify source

§ 10-3-1106(1)(b)(ii)Subsection 10-3-1106(1)(b)(ii)Provision

Source excerpt

A law enforcement officer must be given at least two business days after the relevant notification 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 10-3-1106(1)(b)(ii)Verify source

§ 10-3-1106(1)(b)(iii)Subsection 10-3-1106(1)(b)(iii)Provision

Source excerpt

The agency head or 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 10-3-1106(1)(b)(iii)Verify source

§ 10-3-1106(1)(b)(iv)Subsection 10-3-1106(1)(b)(iv)Provision

Source excerpt

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

give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative.

Section 10-3-1106(1)(b)(iv)Verify source

§ 10-3-1106(1)(c)Subsection 10-3-1106(1)(c)Provision

Source excerpt

Subsection (1)(b) does not reduce or change the rights under this part for certain employees and qualifying law enforcement officers.

The provisions of Subsection (1)(b) do not limit or alter the rights under this part of: an employee to which Section 10-3-1105 applies 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 10-3-1106(1)(c)Verify source

§ 10-3-1106(1)(c)(i)Subsection 10-3-1106(1)(c)(i)Provision

Source excerpt

Refers to an employee covered by Section 10-3-1105 who is not a law enforcement officer.

an employee to which Section 10-3-1105 applies who is not a law enforcement officer; or

Section 10-3-1106(1)(c)(i)Verify source

§ 10-3-1106(1)(c)(ii)Subsection 10-3-1106(1)(c)(ii)Provision

Source excerpt

This subsection refers to a law enforcement officer in a municipality with adopted policies that provide procedures more protective 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 10-3-1106(1)(c)(ii)Verify source

§ 10-3-1106(2)Subsection 10-3-1106(2)Provision

Source excerpt

An eligible employee may appeal certain disciplinary discharge, suspension without pay for more than two days, or involuntary transfer to an appeal board or hearing officer; if the municipality has an internal grievance procedure, the employee must use it first.

If, after the requirements of Subsections (1)(a) and (b) have been met, an employee other than an employee described in Subsection 10-3-1105(2) , is discharged, suspended for more than two days without pay, or involuntarily transferred from one position to another with less remuneration for any disciplinary reason, the employee may, subject to Subsection (2)(b) , appeal the final decision to discharge, suspend without pay, or involuntarily transfer to an appeal board or hearing officer established under Subsection (7) . If the municipality provides an internal grievance procedure, the employee shall exhaust the employee's rights under that grievance procedure before appealing to the appeal board or hearing officer.

Section 10-3-1106(2)Verify source

§ 10-3-1106(2)(a)Subsection 10-3-1106(2)(a)Provision

Source excerpt

Certain employees may appeal a qualifying discharge, suspension without pay, or involuntary transfer to an appeal board or hearing officer.

Section 10-3-1106(2)(a)Verify source

§ 10-3-1106(2)(b)Subsection 10-3-1106(2)(b)Provision

Source excerpt

If a municipality has an internal grievance procedure, the employee must use that procedure first before appealing to the appeal board or hearing officer.

If the municipality provides an internal grievance procedure, the employee shall exhaust the employee's rights under that grievance procedure before appealing to the appeal board or hearing officer.

Section 10-3-1106(2)(b)Verify source

§ 10-3-1106(3)Subsection 10-3-1106(3)Provision

Source excerpt

An appeal must be filed in writing with the municipal recorder within 10 calendar days, and the recorder must forward a properly filed appeal to the appeal board or hearing officer.

Each appeal under Subsection (2) shall be taken by filing written notice of the appeal with the municipal recorder in accordance with procedures established by a municipality within 10 calendar days after: if the municipality provides an internal grievance procedure, the employee receives notice of the final disposition of the municipality's internal grievance procedure; or if the municipality does not provide an internal grievance procedure, the discharge, suspension, or involuntary transfer. Upon the filing of an appeal under Subsection (3)(a) , the municipal recorder shall refer a copy of a properly filed appeal to the appeal board or hearing officer described in Subsection (7) . Upon receipt of the referral from the municipal recorder, the appeal board or hearing officer shall schedule a hearing to take and receive evidence and fully hear and determine the matter which relates to the reason for the discharge, suspension, or transfer.

Section 10-3-1106(3)Verify source

§ 10-3-1106(3)(a)Subsection 10-3-1106(3)(a)Provision

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Section 10-3-1106(3)(a)Verify source

§ 10-3-1106(3)(a)(i)Subsection 10-3-1106(3)(a)(i)Provision

Source excerpt

If the municipality has an internal grievance procedure, the employee receives notice of its final disposition.

if the municipality provides an internal grievance procedure, the employee receives notice of the final disposition of the municipality's internal grievance procedure; or

Section 10-3-1106(3)(a)(i)Verify source

§ 10-3-1106(3)(a)(ii)Subsection 10-3-1106(3)(a)(ii)Provision

Source excerpt

if the municipality does not provide an internal grievance procedure, the discharge, suspension, or involuntary transfer.

Section 10-3-1106(3)(a)(ii)Verify source

§ 10-3-1106(3)(b)Subsection 10-3-1106(3)(b)Provision

Source excerpt

After an appeal is filed, the municipal recorder must send it to the appeal board or hearing officer, and that board or officer must schedule a hearing.

Upon the filing of an appeal under Subsection (3)(a) , the municipal recorder shall refer a copy of a properly filed appeal to the appeal board or hearing officer described in Subsection (7) . Upon receipt of the referral from the municipal recorder, the appeal board or hearing officer shall schedule a hearing to take and receive evidence and fully hear and determine the matter which relates to the reason for the discharge, suspension, or transfer.

Section 10-3-1106(3)(b)Verify source

§ 10-3-1106(3)(b)(i)Subsection 10-3-1106(3)(b)(i)Provision

Source excerpt

If an appeal is filed under Subsection (3)(a), the municipal recorder must refer a copy of a properly filed appeal to the appeal board or hearing officer described in Subsection (7).

Upon the filing of an appeal under Subsection (3)(a) , the municipal recorder shall refer a copy of a properly filed appeal to the appeal board or hearing officer described in Subsection (7) .

Section 10-3-1106(3)(b)(i)Verify source

§ 10-3-1106(3)(b)(ii)Subsection 10-3-1106(3)(b)(ii)Provision

Source excerpt

After a referral from the municipal recorder, the appeal board or hearing officer must schedule a hearing and decide the matter about the discharge, suspension, or transfer.

Upon receipt of the referral from the municipal recorder, the appeal board or hearing officer shall schedule a hearing to take and receive evidence and fully hear and determine the matter which relates to the reason for the discharge, suspension, or transfer.

Section 10-3-1106(3)(b)(ii)Verify source

§ 10-3-1106(4)Subsection 10-3-1106(4)Provision

Source excerpt

An employee facing discharge, suspension, or transfer may appear with counsel, have a public hearing, confront the witness, and examine the evidence. The employee or the municipality may request that hearing.

An employee who is the subject of the discharge, suspension, or transfer may: appear in person and be represented by counsel; have a hearing open to the public; confront the witness whose testimony is to be considered; and examine the evidence to be considered by the appeal board. An employee or the municipality may request the hearing described in Subsection (4)(a)(ii) .

Section 10-3-1106(4)Verify source

§ 10-3-1106(4)(a)Subsection 10-3-1106(4)(a)Provision

Source excerpt

An employee subject to discharge, suspension, or transfer may appear in person, be represented by counsel, have a public hearing, confront the witness, and examine evidence before the appeal board.

Section 10-3-1106(4)(a)Verify source

§ 10-3-1106(4)(a)(i)Subsection 10-3-1106(4)(a)(i)Provision

Source excerpt

appear in person and be represented by counsel;

Section 10-3-1106(4)(a)(i)Verify source

§ 10-3-1106(4)(a)(ii)Subsection 10-3-1106(4)(a)(ii)Provision

Source excerpt

A hearing must be open to the public.

have a hearing open to the public;

Section 10-3-1106(4)(a)(ii)Verify source

§ 10-3-1106(4)(a)(iii)Subsection 10-3-1106(4)(a)(iii)Provision

Source excerpt

confront the witness whose testimony is to be considered; and

Section 10-3-1106(4)(a)(iii)Verify source

§ 10-3-1106(4)(a)(iv)Subsection 10-3-1106(4)(a)(iv)Provision

Source excerpt

examine the evidence to be considered by the appeal board.

Section 10-3-1106(4)(a)(iv)Verify source

§ 10-3-1106(4)(b)Subsection 10-3-1106(4)(b)Provision

Source excerpt

An employee or the municipality may request the hearing described in Subsection (4)(a)(ii).

An employee or the municipality may request the hearing described in Subsection (4)(a)(ii) .

Section 10-3-1106(4)(b)Verify source

§ 10-3-1106(5)Subsection 10-3-1106(5)Provision

Source excerpt

The appeal board or hearing officer must certify its decision with the recorder within 15 days after the hearing, unless Subsection (5)(a)(iii) applies.

A decision of the appeal board shall be by secret ballot. The appeal board or the hearing officer shall certify a decision by the appeal board or hearing officer, respectively, with the recorder no later than 15 days after the day on which the hearing is held, except as provided in Subsection (5)(a)(iii) . For good cause, the appeal board or hearing officer may extend the 15-day period under Subsection (5)(a)(ii) to a maximum of 60 calendar days, if the employee and municipality both consent. If the appeal board or hearing officer finds in favor of the employee, the appeal board or hearing officer shall provide that the employee shall receive: the employee's salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.

Section 10-3-1106(5)Verify source

§ 10-3-1106(5)(a)Subsection 10-3-1106(5)(a)Provision

Source excerpt

The appeal board must use a secret ballot, and the board or hearing officer must certify the decision with the recorder within 15 days after the hearing, unless an extension is allowed.

Section 10-3-1106(5)(a)Verify source

§ 10-3-1106(5)(a)(i)Subsection 10-3-1106(5)(a)(i)Provision

Source excerpt

A decision of the appeal board shall be by secret ballot.

Section 10-3-1106(5)(a)(i)Verify source

§ 10-3-1106(5)(a)(ii)Subsection 10-3-1106(5)(a)(ii)Provision

Source excerpt

The appeal board or hearing officer must certify its decision with the recorder within 15 days after the hearing, unless Subsection (5)(a)(iii) applies.

The appeal board or the hearing officer shall certify a decision by the appeal board or hearing officer, respectively, with the recorder no later than 15 days after the day on which the hearing is held, except as provided in Subsection (5)(a)(iii) .

Section 10-3-1106(5)(a)(ii)Verify source

§ 10-3-1106(5)(a)(iii)Subsection 10-3-1106(5)(a)(iii)Provision

Source excerpt

The appeal board or hearing officer may extend the 15-day period to up to 60 calendar days for good cause, if both the employee and municipality consent.

For good cause, the appeal board or hearing officer may extend the 15-day period under Subsection (5)(a)(ii) to a maximum of 60 calendar days, if the employee and municipality both consent.

Section 10-3-1106(5)(a)(iii)Verify source

§ 10-3-1106(5)(b)Subsection 10-3-1106(5)(b)Provision

Source excerpt

If the appeal board or hearing officer rules for the employee, it must provide salary payment or salary deficiency relief, depending on the employee’s situation.

If the appeal board or hearing officer finds in favor of the employee, the appeal board or hearing officer shall provide that the employee shall receive: the employee's salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.

Section 10-3-1106(5)(b)Verify source

§ 10-3-1106(5)(b)(i)Subsection 10-3-1106(5)(b)(i)Provision

Source excerpt

the employee's salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or

Section 10-3-1106(5)(b)(i)Verify source

§ 10-3-1106(5)(b)(ii)Subsection 10-3-1106(5)(b)(ii)Provision

Source excerpt

any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.

Section 10-3-1106(5)(b)(ii)Verify source

§ 10-3-1106(6)Subsection 10-3-1106(6)Provision

Source excerpt

A petition to review a final action or order of the appeal board or hearing officer must be filed with the Court of Appeals within 30 days.

A final action or order of the appeal board or hearing officer may be reviewed by the Court of Appeals by filing with that court a petition for review. A petition under Subsection (6)(a) shall be filed within 30 days after the issuance of the final action or order of the appeal board or hearing officer. The Court of Appeals' review shall be: on the record of the appeal board or hearing officer; and for the purpose of determining if the appeal board or hearing officer abused its discretion or exceeded its authority.

Section 10-3-1106(6)Verify source

§ 10-3-1106(6)(a)Subsection 10-3-1106(6)(a)Provision

Source excerpt

A final action or order of the appeal board or hearing officer may be reviewed by the Court of Appeals if a petition for review is filed with that court.

A final action or order of the appeal board or hearing officer may be reviewed by the Court of Appeals by filing with that court a petition for review.

Section 10-3-1106(6)(a)Verify source

§ 10-3-1106(6)(b)Subsection 10-3-1106(6)(b)Provision

Source excerpt

A petition under Subsection (6)(a) shall be filed within 30 days after the issuance of the final action or order of the appeal board or hearing officer.

Section 10-3-1106(6)(b)Verify source

§ 10-3-1106(6)(c)Subsection 10-3-1106(6)(c)Provision

Source excerpt

The Court of Appeals' review shall be: on the record of the appeal board or hearing officer; and for the purpose of determining if the appeal board or hearing officer abused its discretion or exceeded its authority.

Section 10-3-1106(6)(c)Verify source

§ 10-3-1106(6)(c)(i)Subsection 10-3-1106(6)(c)(i)Provision

Source excerpt

on the record of the appeal board or hearing officer; and

Section 10-3-1106(6)(c)(i)Verify source

§ 10-3-1106(6)(c)(ii)Subsection 10-3-1106(6)(c)(ii)Provision

Source excerpt

This text refers to an appeal board or hearing officer in assessing whether it abused its discretion or exceeded its authority.

for the purpose of determining if the appeal board or hearing officer abused its discretion or exceeded its authority.

Section 10-3-1106(6)(c)(ii)Verify source

§ 10-3-1106(7)Subsection 10-3-1106(7)Provision

Source excerpt

Municipal governing bodies must set, by ordinance, how hearing officers or appeal board members are chosen, how many there are, their terms, and the appeal procedure and standard of review.

The method and manner of choosing a hearing officer or the members of the appeal board, the number of members, the designation of a hearing officer's or appeal board member's term of office, and the procedure for conducting an appeal and the standard of review shall be prescribed by the governing body of each municipality by ordinance. For a municipality operating under a form of government other than a council-mayor form under Chapter 3b, Part 2, Council-Mayor Form of Municipal Government , an ordinance adopted under Subsection (7)(a) may provide that the governing body of the municipality shall serve as the appeal board.

Section 10-3-1106(7)Verify source

§ 10-3-1106(7)(a)Subsection 10-3-1106(7)(a)Provision

Source excerpt

Each municipality’s governing body must set by ordinance how hearing officers or appeal board members are chosen, how many members there are, their terms, and the procedure and standard of review for appeals.

Section 10-3-1106(7)(a)Verify source

§ 10-3-1106(7)(b)Subsection 10-3-1106(7)(b)Provision

Source excerpt

For certain municipalities, an ordinance may let the municipal governing body serve as the appeal board.

For a municipality operating under a form of government other than a council-mayor form under Chapter 3b, Part 2, Council-Mayor Form of Municipal Government , an ordinance adopted under Subsection (7)(a) may provide that the governing body of the municipality shall serve as the appeal board.

Section 10-3-1106(7)(b)Verify source

§ 10-3-1106(8)Subsection 10-3-1106(8)Provision

Source excerpt

This section does not apply to certain employees, including those described in Subsection 10-3-1105(2) and those discharged or transferred to a lower-paying position because of a layoff, reorganization, or other non-disciplinary reason.

This section does not apply to an employee: described in Subsection 10-3-1105(2) ; or discharged or transferred to a position with less remuneration if the discharge or transfer is the result of a layoff, reorganization, or other non-disciplinary reason.

Section 10-3-1106(8)Verify source

§ 10-3-1106(8)(a)Subsection 10-3-1106(8)(a)Provision

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described in Subsection 10-3-1105(2) ; or

Section 10-3-1106(8)(a)Verify source

§ 10-3-1106(8)(b)Subsection 10-3-1106(8)(b)Provision

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discharged or transferred to a position with less remuneration if the discharge or transfer is the result of a layoff, reorganization, or other non-disciplinary reason.

Section 10-3-1106(8)(b)Verify source

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Utah Code § 10-3-1106, 1977

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