R25-3-3. Appeal and Request for Review Process

  Person(s) acting on an Appeal and Request for Review pursuant to Subsection 63A-3-110(4), and in accordance with Title 63G, Chapter 4, Utah Administrative Procedures Act, and these rules, shall conduct the Appeal process according to the following steps:

  (1) A review hearing before the Appeal Authority may be requested only after the Responsible Governmental Entity has determined--in accordance with its own investigative and Appeal processes--the following:

  (a) an employee or officer intentionally made a Personal Use Expenditure or incurred indebtedness or liability on behalf of, or payable by, the Responsible Governmental Entity for a Personal Use Expenditure in violation of Subsection 63A-3-110(2); furthermore,

  (b) the Responsible Governmental Entity Head imposed upon the employee or officer the administrative penalties specified in Subsection 63A-3-110(3), in writing.

  (2) Should an employee or officer disagree with the Responsible Governmental Entity Head's finding or authorization of the administrative penalties, the aggrieved Party may file a Request for Review with the Administrator.

  (a) The Request for Review must be submitted to the Administrator in writing, using the form available from the Division of Finance, within 30 calendar days of the day the Responsible Governmental Entity Head's formal notice of the finding and authorized administrative penalties is issued. All related documentation required by the Division of Finance form must also be submitted with the form.

  (b) Copies of the form and the required documentation must be submitted to the Responsible Governmental Entity Head and other Parties by the employee or officer requesting the hearing.

  (3) Within 15 days of submission of the Request for Review, any Party to the hearing may file a response with the Administrator. The Party who submits a response shall send a copy of the response to other Parties.