R137-1-14. Grievance Procedure Levels

  Persons acting on grievances pursuant to Sections 67-19a-402, and in accordance with these rules, shall conduct their filings through the following levels of increasing accountability:

  Level 1; A written grievance shall be submitted to the employee's immediate supervisor. A standard grievance form is available from the CSRO. Once submitted, the written grievance is a formal complaint necessitating a response. At all levels of procedure, the parties must comply with the time periods outlined in Sections 67-19a-401 and 67-19a-402. If a supervisor is the subject of a grievance or complaint, the employee may proceed directly to Level 2.

  Level 2; If the grievance is not resolved at Level 1, the employee may advance their grievance to the agency or division director (or director's designee) at Level 2. If an agency or division director is the subject of a grievance or complaint, the employee may proceed directly to Level 3.

  Level 3; If the grievance is not resolved at Level 2, the employee may advance their grievance to the department head, executive director, or commissioner (or director's designee) at Level 3.

  Level 4; If the grievance is not resolved at Level 3, the employee may advance their grievance to the CSRO at Level 4. For grievances filed under Sections 67-19a-202(1) and 67-19a-202(2), the CSRO provides an evidentiary de novo hearing, conducted before a CSRO hearing officer. When the CSRO receives a request for administrative review of an abusive conduct investigation filed under Section 67-19a-202(3), no evidentiary hearing is required.

  The purpose of the levels is to curtail employees from having to submit their grievances to persons not specified in the above steps or levels. Only the above-listed persons (or their designated representatives) in agency management are authorized to respond to state employees' grievances. Grievances by a reporting employee alleging retaliatory action filed under Section 67-19a-202(2) and requests for the CSRO to review the findings of an abusive conduct investigation filed under Section 67-19a-202(3) are not subject to Levels 1-3 and may be filed directly with the CSRO.