8-92-0588. DALE MARXEN vs. UNIVERSITY OF UTAH Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 8-92-0588. DALE MARXEN vs. UNIVERSITY OF UTAH Defendant THE INDUSTRIAL COMMISSION OF UTAHDALE MARXEN, Applicant, vs. UNIVERSITY OF UTAH, Defendant.Case No. 8-92-0588ORDER DENYING MOTION FOR REVIEWThe University of Utah ("the University" hereafter) asks The Industrial Commission of Utah to review the Administrative Law Judge's order dismissing Dale Marxen's charge of discrimination against the University, pursuant to the Utah Anti-Discriminatory Act ("the Act"; Utah Code Ann. §34-35-1 et seq.) The Industrial Commission exercises jurisdiction over this motion for review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-35-7.1(11), and Utah Admin. Code R560-1-4.5. ISSUE UNDER REVIEW By withdrawing his discrimination charge against the University, did Mr. Marxen divest the ALJ of authority to rule on the merits of the discrimination charge. BACKGROUND Mr. Marxen filed a charge with the Utah Antidiscrimination Division ("UADD") alleging unlawful discrimination on the part of the University. UADD investigated and found reasonable cause to believe that unlawful discrimination had occurred. The University then requested an evidentiary hearing on the discrimination charge, which hearing was concluded on December 30, 1994. At the end of the hearing, the ALJ announced his intention to rule in favor of the University. The ALJ instructed the University's attorneys to prepare a written decision for his review and signature. On January 9, 1995, before the ALJ had received the proposed decision from University counsel, Mr. Marxen withdrew his charge of discrimination. For that reason, on January 18, 1995, the ALJ dismissed Mr. Marxen's charge without addressing the charge's underlying merits. The University then asked the ALJ to amend his order of dismissal so as to include findings of fact and conclusions of law regarding the merits of Mr. Marxen's charge. After a hearing, the ALJ denied the University's request and reaffirmed his original order of dismissal. The University then filed its motion for review with the Industrial Commission. DISCUSSION The issue before the Industrial Commission is the effect of a charging party's withdrawal of a discrimination charge, when the withdrawal takes place after the evidentiary hearing has been held and a decision announced by an ALJ, but before...