A. CONTENTS OF REQUEST FOR AGENCY ACTION
A request for agency action as specified in Section
34A-5-107,
shall be filed at the Division office on a form designated by the Division. The
completed form shall include all information required by Section
63G-4-201(3).
B. FILING OF REQUESTS FOR
AGENCY ACTION
1. A request for agency action
must be filed within 180 days after the alleged discriminatory or prohibited
employment practice occurred.
2. A
request for agency action shall be filed either by personal delivery or regular
mail addressed to the Division's office in Salt Lake City, Utah.
3. Investigators and any other persons
designated by the Division, shall be available to assist in the drafting and
filing of requests for agency action at the Division's office during normal
business hours.
C.
RESPONSE/ANSWER TO REQUEST FOR AGENCY ACTION
1. The Division shall mail a copy of the
request for agency action to the charging party and the respondent/employer
within ten working days of the filing of the request for agency action.
2. The respondent must answer the
allegations of discrimination or prohibited employment practice set out in the
request for agency action in writing within thirty(30) days from the date of
the request for agency action was sent. The response/answer shall be mailed,
emailed, or faxed to the Division office. Any correspondence sent by email must
be sent to the email address specified by the Division.
3. The response must:
a. Specifically address each allegation
raised in the request for agency action, and
b. Be accompanied by any supporting evidence.
4. Failure to respond
to a request for agency action will result in an investigation and possible
determination without input or evidence from the non-responsive party.
5. Responses submitted beyond the
thirty (30) day time limit described in subsection (2) will not be considered,
unless an extension has been granted. Extensions are granted at the sole
discretion of the Division and should not be expected.
D. INVESTIGATION
Pursuant to Section
34A-5-104(2)(b)
and Section
34A-5-107(3)(b),
the Division may, with reasonable notice to the parties, conduct on-site
visits, interviews, fact finding conferences, obtain records and other
information and take such other action as is reasonably necessary to
investigate the request for agency action. A party's unjustified failure to
cooperate with the Division's reasonable investigative request may result in
the Division concluding its investigation based on such other information as is
available to the Division.
E. AMENDMENT OF REQUEST FOR AGENCY ACTION
1. All allegations of discrimination or
prohibited employment practice set out in the request for agency action may be
amended, either by the Division or the charging party prior to commencement of
an evidentiary hearing and the respondent may amend its answer. Amendments made
during or after an evidentiary hearing may be made only with the permission of
the presiding officer. The Division shall permit liberal amendment of requests
for agency action and filing of supplemental requests for agency action in
order to accomplish the purpose of the Act.
2. Amendments or a supplemental request for
agency action shall be in writing, or on forms furnished by the Division,
signed and verified. Copies shall be filed in the same manner as in the case of
original requests for agency action.
3. Amendments or a supplemental request for
agency action shall be served on the respondent as in the case of an original
request for agency action.
4. A
request for agency action or a supplemental request for agency action may be
withdrawn by the charging party prior to the issuance of a final order.
F. MAILING OF REQUEST
FOR AGENCY ACTION
The mailing specified in Section
63G-4-201(3)
shall be performed by the Division and the persons known to have a direct
interest in the requested agency action as specified in Section
63G-4-201(3)(b)
shall be the charging party and the respondent/employer.
G. CLASSIFICATION OF PROCEEDING FOR PURPOSE
OF UTAH ADMINISTRATIVE PROCEDURES ACT
Pursuant to Section
63G-4-202(1),
the procedures specified in Section
34A-5-107(1)
through (5) are an informal process and are
governed by Section
63G-4-203.
Any settlement conferences scheduled pursuant to Section
34A-5-107(3)
are not adjudicative hearings.
H. PRESIDING OFFICER
For those procedures specified in Section
34A-5-107(1)
through (5), the presiding officer shall be
the Director or the Director's designee. The presiding officer for the formal
hearing referred to in Section 34A-5-(6) through (11) shall be appointed by the
Commission.
