94-0329. DIXIE APODACA vs. FLYING J. INC. Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0329. DIXIE APODACA vs. FLYING J. INC. Defendant THE INDUSTRIAL COMMISSION OF UTAHDIXIE APODACA, Applicant, vs. FLYING J. INC., Defendant.Case No. 94-0329ORDER GRANTING MOTION FOR REVIEWDixie Apodaca asks The Industrial Commission of Utah to grant her request for an evidentiary hearing on her charge of discrimination against Flying J, Inc. The Industrial Commission of Utah exercises jurisdiction in this matter pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §34-35-7.1(11) and Utah Admin. Code R560-1-4.A.5. BACKGROUND On February 22, 1994, Ms. Apodaka filed with the Utah Antidiscrimination Division ("UADD") a charge of unlawful discrimination against Flying J. UADD investigated Ms. Apodaca's charges, but found no cause to believe the alleged discrimination had occurred. Ms. Apodaca then filed a timely request for an evidentiary hearing. Pursuant to the Commission's Rule R560-1-5, the request was reviewed by the Commission's legal counsel and denied on the grounds it failed to show that an evidentiary hearing was necessary. Ms. Apodaca then filed a timely motion for review asking the Commission to grant her request for an evidentiary hearing. DISCUSSION The...