§ 67-19a-202. Powers -- Scope of authority.

(1)

(a) The office shall serve as the final administrative body to review a grievance from a career service employee and an agency of a decision regarding:

(i) a dismissal;

(ii) a demotion;

(iii) a suspension;

(iv) a reduction in force;

(v) a dispute concerning abandonment of position;

(vi) a wage grievance if an employee is not placed within the salary range of the employee's current position;

(vii) a violation of a rule adopted under Chapter 19, Utah State Personnel Management Act; or

(viii) except as provided by Subsection (1)(b)(iii), equitable administration of the following benefits:

(A) long-term disability insurance;

(B) medical insurance;

(C) dental insurance;

(D) post-retirement health insurance;

(E) post-retirement life insurance;

(F) life insurance;

(G) defined contribution retirement;

(H) defined benefit retirement; and

(I) a leave benefit.

(b) The office shall serve as the final administrative body to review a grievance by a reporting employee alleging retaliatory action.

(c) The office may not review or take action on:

(i) a personnel matter not listed in Subsection (1)(a) or (b);

(ii) a grievance listed in Subsection (1)(a) or (b) that alleges discrimination or retaliation related to a claim of discrimination that is a violation of a state or federal law for which review and action by the office is preempted by state or federal law; or

(iii) a grievance related to a claim for which an administrative review process is provided by statute and administered by:

(A) the Utah State Retirement Systems under Title 49, Utah State Retirement and Insurance Benefit Act;

(B) the Public Employees' Benefit and Insurance Program under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act; or

(C) the Public Employees' Long-Term Disability Program under Title 49, Chapter 21, Public Employees' Long-Term Disability Act.

(2) The time limits established in this chapter supersede the procedural time limits established in Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 427, 2013 General Session