R606-1-3. Procedures--Request for Agency Action and Investigation File

  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.