Summary
The language of this rule is changed to reflect the change in Utah Code Section 53-6-211. The term "relinquish" is now defined in the change to this rule as found in Section 53-6-211.5. Section R728-409-4 clearly defines what conduct will not be investigated to include a violation of an employer's policy or procedure not rising to the level of a violation of Section 53-6-211 or Subsection 53-6-309(1) or sexual activity protected under the right of privacy recognized by the United States Supreme Court in Lawrance v. Texas, 539 U.S. 558 (2003). Sections 53-6-211.5 and 53-6-311 allows for a respondent who has engaged in conduct described in Subsections 53-6-211(1) or 53-6-309(1) to now voluntarily relinquish the certification by submitting a Relinquishment of Certification form to the division. As soon as the relinquishment form is received by the division, the investigation into the complaint will cease.