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Utah Administrative Code (Current through November 1, 2019) |
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R645. Natural Resources, Oil, Gas and Mining; Coal |
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R645-104. Protection of Employees |
| R645-104-100. Protected Activity |
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110. No person will discharge or in any other way discriminate against, cause to be fired, or discriminate against any employee because that employee or his or her authorized representative has: 111. Filed, instituted, or caused to be filed or instituted any proceedings under the State Program by: 111.100. Reporting alleged violations or dangers to the Secretary, the Board, the Division, the employer or his or her authorized representative; 111.200. Requesting an inspection or investigation; or 111.300. Taking any other action which may result in a proceeding under the State Program; 112. Made statements, testified, or is about to do so: 112.100. In any informal or formal adjudicatory proceeding; 112.200. In any informal conference proceeding; 112.300. In any rulemaking proceeding; 112.400. In any investigation, inspection, or other proceeding under the State Program; or 112.500. In any judicial proceeding under the State Program; and 113. Has exercised on his or her own behalf, or on behalf of others, any right granted by the Act. 120. Each employer conducting operations which are regulated under this Act will, within 30 days from the effective day of these rules, provide a copy of R645-104 to all current employees and to all new employees at the time of their hiring. |
| R645-104-200. Procedures for Filing an Application for Review of Discrimination |
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210. Who May File. Any employee, or his or her authorized representative, who believes that he or she has been discriminated against by any person in violation of R645-104-110 may file an application for review. For the purpose of the R645 Rules, an application for review means the presentation of a written report of discrimination stating the reasons why the person believes he or she has been discriminated against and the facts surrounding the alleged discrimination. 220. Where to File. The employee, or authorized representative, may file the application for review with the Division. The Division will maintain a log of all filings. 230. Time for Filing. The employee, or his or her authorized representative, will file an application for review within 30 days after the alleged discrimination occurs. An application is considered filed: 231. On the date delivered, if delivered in person, to the Division; or 232. On the date mailed to the Division. 240. Running of the Time for Filing. The time for filing begins when the employee knows, or has reason to know, of the alleged discriminatory activity. |
| R645-104-300. Investigation and Conference |
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310. Within seven days after receipt of any application for review, the Division will mail a copy of the application for review to the person alleged to have caused the discrimination, will file the application for review with the Board, and will notify the employee and the alleged discriminating person that the Division will investigate the complaint. The alleged discriminating person may file a response to the application for review within ten days after he or she receives the copy of the application for review. The response will specifically admit, deny, or explain each of the facts alleged in the application unless the alleged discriminating person is without knowledge, in which case, he or she will so state. 320. The Division will initiate an investigation of the alleged discrimination within 30 days after receipt of the application for review. The Division will complete the investigation within 60 days of the date of the receipt of the application for review. If circumstances surrounding the investigation prevent completion within the 60-day period, the Division will notify the person who filed the application for review and the alleged discriminating person of the delay, the reason for the delay, and the expected completion date for the investigation. 330. Within seven days after completion of the investigation, the Division will invite the parties to an informal conference to discuss the findings and preliminary conclusions of the investigation. The purpose of the informal conference is to attempt to conciliate the matter. If a complaint is resolved at an informal conference, the terms of the agreement will be recorded in a written document that will be signed by the alleged discriminating person, the employee, and the representative of the Division. If the Division concludes, on the basis of a subsequent investigation, that any party to the agreement has failed in any material respect to comply with the terms of any agreement reached during an informal conference, the Division will take appropriate action to obtain compliance with the agreement. 340. Following the investigation, and any informal conference held, the Division will complete a report of investigation which will include a summary of the results of the conference. Copies of this report will be available to the parties in the case. |
| R645-104-400. Request for Hearing |
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410. If the Division determines that a violation of R645-104 has probably occurred and was not resolved at an informal conference, the Director will request a hearing on the employee's behalf before the Board within ten days of the scheduled informal hearing. The parties will be notified of the determination. If the Director declines to request a hearing, the employee will be notified within ten days of the scheduled informal conference and informed of his or her right to request a hearing on their own behalf. 420. The employee may request a hearing with the Board after 60 days have elapsed from the filing of his or her application. |
| R645-104-500. Formal Adjudicatory Proceedings |
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510. Formal adjudication of a complaint filed under R645-104 will be conducted before the Board under R641 Rules. 520. A hearing will be held as promptly as possible, consistent with the opportunity for discovery provided for under the R641 Rules. 530. Upon a finding of violation of R645-104-100, the Board will order the appropriate affirmative relief including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his or her former position with compensation. At the request of the employee, a sum equal to the aggregate amount of all costs and expenses including attorneys' fees which have been reasonably incurred by the employee for, or in connection with, the institution and prosecution of the proceedings will be assessed against the person committing the violation. 540. On or after ten days after filing an application for review under R645-104, the employee may seek temporary relief from the Board under the R641 Rules. |