Utah § 17-76-317 Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review.

Utah Statutes

§ 17-76-317 — Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review.

Utah § 17-76-317

Title 17Counties

Ch. 17-76County Emergency Personnel Management

Part 17-76-3Peace Officer Merit System in Counties of the First Class

This text of Utah § 17-76-317 (Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 17-76-317 (2026).

Text

(1)An appointing authority may demote, suspend, discharge, or reduce a merit system officer's pay for:

(1)(a) neglect of duty;

(1)(b) disobedience of a reasonable order;

(1)(c) misconduct;

(1)(d) inefficiency or inability to satisfactorily perform assigned duties; or

(1)(e) an act inimical to public service.

(2)A department may not suspend a merit system officer for more than 176 work hours at one time, or for more than 352 work hours in one year.

(3)The appointing authority shall order the demotion, reduction in pay, suspension, or discharge of a merit system officer.

(4)The appointing authority:

(4)(a) may impose disciplinary charges in accordance with a rule, policy, ordinance, or law; and

(4)(b) shall serve the merit system officer to be disciplined with a copy of the written charg

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(1) An appointing authority may demote, suspend, discharge, or reduce a merit system officer's pay for:
(1)(a) neglect of duty;
(1)(b) disobedience of a reasonable order;
(1)(c) misconduct;
(1)(d) inefficiency or inability to satisfactorily perform assigned duties; or
(1)(e) an act inimical to public service.
(2) A department may not suspend a merit system officer for more than 176 work hours at one time, or for more than 352 work hours in one year.
(3) The appointing authority shall order the demotion, reduction in pay, suspension, or discharge of a merit system officer.
(4) The appointing authority:
(4)(a) may impose disciplinary charges in accordance with a rule, policy, ordinance, or law; and
(4)(b) shall serve the merit system officer to be disciplined with a copy of the written charges.
(5) (5)(a) A disciplined merit system officer may file an appeal of the disciplinary charges with the department, which shall conduct the appeal internally.
(5)(b) The department shall conduct an appeal in accordance with policies made by the appointing authority.
(6) If the disciplinary charges are sustained on internal appeal, the merit system officer may appeal to the commission in accordance with the provisions of this section and commission policy.
(7) (7)(a) A merit system officer disciplined in accordance with Subsection (1) may, within 10 calendar days after the day on which the department makes the appeal decision described in Subsection (5), make an appeal in writing to the commission.
(7)(b) If the merit system officer fails to make an internal appeal of the disciplinary action, the merit system officer may not appeal to the commission.
(8) The commission may hear appeals regarding demotion, reduction in pay, suspension, or discharge of a merit system officer for any cause provided in Subsection (1).
(9) (9)(a) The commission shall:
(9)(a)(i) fix a time and place for a hearing on the appeal; and
(9)(a)(ii) give notice of the hearing to the parties.
(9)(b) (9)(b)(i) Except as provided in Subsection (9)(b)(ii), the commission shall hold a hearing under this Subsection (9) no less than 10 and no more than 90 days after the day on which an appeal is filed.
(9)(b)(ii) The commission may hold a hearing more than 90 days after the day on which an appeal is filed if:
(9)(b)(ii)(A) the parties agree; or
(9)(b)(ii)(B) the commission finds that the delay is for good cause.
(9)(c) (9)(c)(i) The commission shall hold the hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act.
(9)(c)(ii) Notwithstanding Subsection (9)(c)(i), if the commission proposes to and is authorized to close the hearing to the public in accordance with Title 52, Chapter 4, Open and Public Meetings Act, the commission shall open the meeting to the public if the aggrieved merit system officer requests that the commission open the hearing.
(9)(d) The parties may be represented by counsel at the hearing.
(10) The commission, on the commission's own motion or at the request of the appointing authority, may dismiss an appeal for unjustified delay, removal to a court or other venue, or for other good cause shown.
(11) In resolving an appeal, the commission may sustain, modify, or vacate a decision of the appointing authority.
(12) After the hearing described in Subsection (9), the commission shall publish a written decision, including findings of fact and conclusions of law, and shall notify each party.
(13) A person may appeal a final action or order of the commission to the Court of Appeals for review.
(13)(a) A person shall file a notice of appeal within 30 days of the issuance of the final action or order of the commission.
(13)(b) The Court of Appeals shall base the court's review on the record of the commission and for the purpose of determining if the commission has abused the commission's discretion or exceeded the commission's authority.