Utah Code § 17-75-501 Career service council or administrative law judge -- Members and alternate members -- Powers and duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and compensation of council members -- Career service council authorized to refer an appeal to an administrative law judge.
17-75-501. Career service council or administrative law judge -- Members and alternate members -- Powers and duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and compensation of council members -- Career service council authorized to refer an appeal to an administrative law judge.
(1)
(a)
(i) Each county that establishes a career service system shall:
(A) establish a service council appointed by the county executive as described in this section and to fulfill the duties described in this section; or
(B) hire or contract with an administrative law judge, trained and experienced in personnel matters, to fulfill the duties of a career service council described in Subsections (1)(b) and (c).
(ii) The members of the council shall be individuals trained and experienced in, and willing to apply, merit principles to public employment.
(iii)
(A) The county executive may appoint alternate members of the council to hear appeals that one or more regular council members are unable to hear.
(B) The term of an alternate member of the council may not exceed one year.
(b) The council or administrative law judge shall hear appeals not resolved at lower levels from career service employees who the county has:
(i) suspended;
(ii) transferred;
(iii) demoted; or
(iv) dismissed.
(c) The council or administrative law judge:
(i) may make an initial determination in each appeal whether the appeal is one of the types of matters under Subsection (1)(b);
(ii) shall, subject to Subsections (9) through (11), review written appeals in cases of applicants rejected for examination and provide recommendations, in writing, to the county legislative body; and
(iii) may not hear any other personnel matter.
(d)
(i) An individual adversely affected by a decision of the council or an administrative law judge may appeal the decision to the county governing body.
(ii)
(A) After receiving an appeal under Subsection (1)(d)(i), the county governing body shall issue a final decision, affirming or rejecting the decision of the council or administrative law judge.
(B) If a county governing body fails to take action on an appeal within 60 days of the day on which the governing body receives the appeal, the appeal shall be considered denied as a final decision of a county governing body.
(iii) An individual adversely affected by a final decision of the county governing body may appeal the decision to the district court.
(iv) An appeal to the district court under this Subsection (1)(d) is barred unless the appeal is filed within 30 days after the day on which the county governing body issues the final decision.
(v) If there is a record of the proceedings, the district court review shall be limited to the record.
(vi) In reviewing a decision of the council or an administrative law judge, the district court shall presume that the decision is valid and may determine only whether the decision is arbitrary or capricious.
(e) Notwithstanding Subsection (1)(b), a council that receives an appeal may refer the appeal to an administrative law judge as described in Subsections (9) through (11).
(2)
(a) A council member shall serve a term of three years that expires on June 30, three years after the county executive appointed the council member.
(b) Notwithstanding Subsection (2)(a), the term for original appointees to a council shall be staggered so that the term of only one council member expires each year.
(c) A county executive's appointment to fill a vacancy on the council shall be for only the unexpired term of the appointee's successor.
(d) Each council member shall hold office until the council member's successor is appointed and confirmed.
(e) The county executive may remove a council member after the county executive gives the council member an opportunity to appeal to the county legislative body.
(f) The county shall annually appropriate adequate funds to enable the council to effectively carry out the council duties under this chapter.
(3) Each county council member and alternate county council member shall be:
(a) a citizen of the United States; and
(b) for a period of at least one year before the day on which the council member is appointed, an actual and bona fide resident of:
(i) the state of Utah; and
(ii) the county.
(4) A council member may not be employed by the county.
(5) The council shall elect a member of the council as chairperson.
(6) Two or more council members constitutes a quorum necessary for carrying on the council's business and activity.
(7) The council shall have subpoena power to compel attendance of witnesses.
(8)
(a) A council member shall receive compensation for attending each day or partial day the council is in session at a per diem rate established in accordance with Section 11-55-103.
(b) An alternate council member shall receive compensation for each day or partial day that the alternate council member is required to replace a regular council member, at a per diem rate established in accordance with Section 11-55-103.
(9)
(a) A county legislative body may appoint one or more administrative law judges to hear appeals referred by a council under this section.
(b) Each administrative law judge shall be trained and experienced in personnel matters.
(10)
(a) A council may refer an appeal to an administrative law judge appointed under Subsection (9) if the council determines that the referral is in each party's best interest.
(b) After holding a hearing on an appeal described in Subsection (10)(a), the administrative law judge shall make:
(i) findings of fact; and
(ii) a recommendation to the council.
(c) After receiving the administrative law judge's recommendation, the council may request the administrative law judge to hold a further factual hearing before the council issues a decision.
(d) The council may adopt or reject the administrative law judge's recommendation, whether before or after a further hearing under Subsection (10)(c).
(11)
(a) A council shall refer an appeal to an administrative law judge appointed under Subsection (9) if the county employee or county official assigned by the county executive or county legislative body to manage personnel functions requests that the appeal be referred.
(b) In an appeal described in Subsection (11)(a), the administrative law judge, not the council, issues a final decision.
Amended by Chapter 105, 2026 General Session