Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R728. Public Safety, Peace Officer Standards and Training.

Rule R728-205. Council Resolution of Public Safety Retirement Eligibility.

As in effect on October 1, 2019

Table of Contents

R728-205-1. Authority.

The authority for this rule is authorized under UCA Sections 53-6-105, 49-14-201(4)(5)(6) and 49-15-201(5)(6)(7).

R728-205-2. Purpose.

To describe the process by which the Council will determine eligibility for participation in the public safety retirement system.

R728-205-3. Eligibility.

A. The following shall be the minimum requirements established for eligibility of employment positions into the public safety retirement system:

1. the employment position requires full-time employment with the employing unit;

2. the employment position requires the employee to serve in a position that may place the employee at risk to life and personal safety;

3. the employment position requires peace officer certification and training in the peace officer, correctional officer, or special function officer designations defined under UCA Section 53-13-103, 53-13-104, or 53-13-105;

4. the employment position's primary duties shall consist of the duties defined under UCA Section 53-13-103, 53-13-104, or 53-13-105.

R728-205-4. Procedures.

A. The Council shall establish a subcommittee to review all disputes between the retirement office and an employing unit or employee regarding public safety retirement eligibility.

B. The subcommittee shall only review employment positions eligible for public safety retirement.

C. The subcommittee shall review disputed employment positions within a reasonable period of time after receipt of notice of the dispute.

D. Within 30 days of receipt of the notice of dispute, the subcommittee shall give written notification to the concerned parties that it is considering the dispute, including notice of the opportunity to submit written briefs to the subcommittee within thirty days of said notice. Either party may request a hearing before the subcommittee within 30 days of the issuance of said notice. If both parties fail to request a hearing, the subcommittee will decide the issue, and make it's recommendation based on the written briefs.

E. The recommendation of the subcommittee shall be made in writing and copies of the order shall be mailed to the concerned parties.

F. All parties in the dispute shall have an opportunity to request a review of the subcommittee's recommendation before the Council.

1. Requests for review shall be submitted in writing to the director of the division within 15 days from the date of issuance of the subcommittee's recommendation.

2. Requests for review shall contain all issues and evidence which the party wishes to present before the Council, and a copy thereof shall be sent to all other parties. The party seeking the review shall provide to all transcripts, documents and briefs to the Council within 30 days after filing the notice requesting review. No party shall be permitted oral argument before the Council unless a request for oral argument is filed with the Council within the same 30 day period. If oral argument is requested, the parties shall be permitted 20 minutes each to present oral argument on their respective positions.

3. Upon receipt of the subcommittee's recommendation and/or a request for review, the director shall notify the Council and schedule a hearing for the next available Council meeting.

4. A majority of those Council members considering the recommendation shall be required to adopt said recommendation.

5. The Council shall render a written decision within a reasonable period of time, and the director shall issue a formal written notice thereof to all concerned parties. The director's written notice shall constitute final agency action.

G. All proceedings under this rule shall be informal as set forth in UCA Section 63G-4-202, and shall be conducted pursuant to the procedures set forth in UCA Section 63G-4-203.

KEY

retirement, peace officer*

Date of Enactment or Last Substantive Amendment

January 20, 2007

Notice of Continuation

September 4, 2019

Authorizing, Implemented, or Interpreted Law

49-14-201(4)(5)(6); 49-15-201(5)(6)(7); 53-6-105


Additional Information

Contact

For questions regarding the content or application of rules under Title R728, please contact the promulgating agency (Public Safety, Peace Officer Standards and Training). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.