Hearings at the Utah Labor Commission
Appeals procedures are designed to carry out the statutes and regulations that apply to employment related law.
During the time between filing the hearing request and the hearing itself, the parties exchange information in preparation for the hearing through a process called discovery.
An individual who is a party to a case may represent him or herself. A corporation who is a party to a case must be represented by legal counsel who is duly admitted and licensed to practice law in Utah. Anyone representing a party to a case must also be duly admitted and licensed to practice law in Utah.
The Adjudication Division conducts its hearings as formal hearings under the Utah Administrative Procedures Act. Hearings are held before an unbiased administrative law judge (ALJ) who takes evidence and sworn testimony regarding the issue being appealed. The parties have the right to have representation at the hearing and also to have witnesses testify to relevant facts concerning the case. All hearings are recorded on compact disc. This recording, together with the documents entered into evidence, becomes the official hearing record. The ALJ issues a written decision which contains the ALJ's findings of fact and decision based on law.
If a party to the hearing disagrees with the ALJ’s decision, it may be further appealed. The appeal, called a Motion for Review, must be received within 30 days of the date that the ALJ’s decision was signed. The appeal is reviewed by the Commissioner of the Labor Commission, or either party may request the review to be done by the Commission’s three person Appeals Board.
Click on the links below for more information about the specific types of hearings conducted by the Adjudication Division:
Appeal of a Denial of Workers Compensation
Appeal of a Utah Anti-Discrimination and Labor Division Determination and Order (Request for Evidentiary Hearing)
Appeal of a Utah Occupational Safety and Health Penalty
Appeal of an Industrial Accidents Division Workers Compensation Non-Compliance Penalty
Appeals by a Medical Provider for Medical Claims Denied by Workers Compensation