§ 67-19a-302 — Levels of procedure.

(1) The administration of all grievances under Subsection 67-19a-202(1) occurs on the following four levels:

(1)(a) Level 1 - the supervisor;
(1)(b) Level 2 - the division director or the director's designee;
(1)(c) Level 3 - the agency director or the director's designee; and
(1)(d) Level 4 - the office.
(2) (2)(a) Except as provided in Subsection (2)(b), Section 67-19a-402.5, and Section 67-19a-501, and subject to applicable time limits as provided in this chapter, an employee:
(2)(a)(i) shall file a grievance at the lowest level described in Subsection (1) that has not already issued a decision, taken action, or declined to address the subject of the grievance; and
(2)(a)(ii) may proceed for further review of a grievance in accordance with Section 67-19a-402.
(2)(b) If a supervisor or division director is a subject of a grievance or complaint, the employee may proceed directly to Level 2 or Level 3, respectively.
(2)(c) An employee may not file a grievance that asks the same manager or a lower-level manager to reconsider a previously made decision.
(3) A career service employee may advance all grievances to Level 3.
(4) In accordance with Section 67-19a-402.5 and subject to Section 67-21-4, a reporting employee may file a grievance alleging retaliatory action directly at Level 4.

Legislative History

Amended by Chapter 209, 2022 General Session