67-19a-203 - Rulemaking authority.
67-19a-203. Rulemaking authority.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theadministrator may make rules governing:
(a) definitions of terms, phrases, and words used in the grievance process established bythis chapter;
(b) what matters constitute excusable neglect for purposes of the waiver of time limitsestablished by this chapter;
(c) the application for and service of subpoenas, the service and filing of pleadings, andthe issuance of rulings, orders, determinations, summary judgments, transcripts, and other legaldocuments necessary in grievance proceedings;
(d) the use, calling, attendance, participation, and fees of witnesses in grievanceproceedings;
(e) continuances of grievance proceedings;
(f) procedures in hearings, unless governed by Title 63G, Chapter 4, AdministrativeProcedures Act;
(g) the presence of media representatives at grievance proceedings;
(h) procedures for sealing files or making data pertaining to a grievance unavailable tothe 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 CivilProcedure, Rule 12(b)(1) or Rule 12(b)(2); or
(ii) limit the introduction of evidence.
Amended by Chapter 249, 2010 General Session