§ 67-19a-203. Rulemaking authority.

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the administrator may make rules governing:

(a) definitions of terms, phrases, and words used in the grievance process established by this chapter;

(b) what matters constitute excusable neglect for purposes of the waiver of time limits established by this chapter;

(c) the application for and service of subpoenas, the service and filing of pleadings, and the issuance of rulings, orders, determinations, summary judgments, transcripts, and other legal documents necessary in grievance proceedings;

(d) the use, calling, attendance, participation, and fees of witnesses in grievance proceedings;

(e) continuances of grievance proceedings;

(f) procedures in hearings, unless governed by Title 63G, Chapter 4, Administrative Procedures Act;

(g) the presence of media representatives at grievance proceedings;

(h) procedures for sealing files or making data pertaining to a grievance unavailable to the public; and

(i) motions that will assist the parties in meeting the 150-day time limit.

(2) The rule made under Subsection (1)(i) shall:

(a) prohibit a party from filing a dispositive motion under Utah Rules of Civil Procedure, Rule 12(b)(6) or Rule 56 before an evidentiary hearing; and

(b) authorize a party to file a motion before an evidentiary hearing to:

(i) dismiss for lack of authority to review the grievance under Utah Rules of Civil Procedure, Rule 12(b)(1) or Rule 12(b)(2); or

(ii) limit the introduction of evidence.

Amended by Chapter 249, 2010 General Session