DAR File No. 27888

Human Resource Management, Administration

R477-11-2

Dismissal or Demotion

NOTICE OF PROPOSED RULE

DAR File No.: 27888
Filed: 05/13/2005, 11:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This is a technical legal amendment that will provide more precise direction for state officials in disciplinary situations involving non career service employees.

Summary of the rule or change:

In Subsections R477-11-2(1) and (2), the amendments to these two subsections clearly distinguish between the dismissal or demotion for a career service employee, a career service exempt, and a probationary employee. It is made clear that probationary employees, i.e., an employee who has not achieved career service status, is treated the same as a career service exempt employee.

State statutory or constitutional authorization for this rule:

Sections 67-19-6 and 67-19-18

Anticipated cost or savings to:

the state budget:

These are technical legal definitional adjustments that will have no impact on procedures and thus will be cost neutral to the state.

local governments:

This rule only impacts the executive branch of state government and will not affect local governments.

other persons:

This rule only impacts the executive branch of state government and will not affect other persons.

Compliance costs for affected persons:

No additional resources will be required by agencies to implement these provisions.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. Section 67-19-15 limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or saving on to businesses through fees. However, no such costs or savings will accrue with this amendment. Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

May Vang or Conroy Whipple at the above address, by phone at 801-537-3081 or 801-538-3067, by FAX at 801-538-3377 or 801-538-3081, or by Internet E-mail at mvang@utah.gov or cwhipple@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2005

This rule may become effective on:

07/02/2005

Authorized by:

Jeff Herring, Executive Director

RULE TEXT

R477. Human Resource Management, Administration.

R477-11. Discipline.

R477-11-2. Dismissal or Demotion.

An employee may be dismissed or demoted for cause as explained under R477-10-2 and R477-11-1, and through the process outlined in this rule.

(1) An agency head or appointing officer may dismiss or demote a probationary employee orcareer service exempt employee without right of appeal. Such dismissal or demotion may be for any reason or for no reason.

(2) No career serviceemployee shall be dismissed or demoted from a career service position unless the agency head or designee has observed the Grievance Procedure Rules and law cited in R137-1-13 and Title 67, Chapter 19a, and the following procedures:

(a) The agency head or designee shall notify the employee in writing of the specific reasons for the proposed dismissal or demotion.

(b) The employee shall have up to five working days to reply. The employee must reply within five working days for the agency head or designee to consider the reply before discipline is imposed.

(c) The employee shall have an opportunity to be heard by the agency head or designee. The hearing before the department head or designee shall be strictly limited to the specific reasons raised in the notice of intent to demote or dismiss.

(i) At the hearing the employee may present, either in person, in writing, or with a representative, comments or reasons as to why the proposed disciplinary action should not be taken. The agency head or designee is not required to receive or allow other witnesses on behalf of the employee.

(ii) The employee may present documents, affidavits or other written materials at the hearing. However, the employee is not entitled to present or discover documents within the possession or control of the department or agency that are private, protected or controlled under Chapter 63-2, the Governmental Access and Records Management Act.

(d) Following the hearing, the employee may be dismissed or demoted if the agency head finds adequate cause or reason.

(e) The employee shall be notified in writing of the agency head's decision. Specific reasons shall be provided if the decision is a demotion or dismissal.

(3) Agency management may suspend an employee with pay pending the administrative appeal to the agency head.

KEY: discipline of employees, dismissal of employees, grievances, government hearings

[July 2, 2004]July 2, 2005

Notice of Continuation June 11, 2002

67-19-6

67-19-18

63-2

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact May Vang or Conroy Whipple at the above address, by phone at 801-537-3081 or 801-538-3067, by FAX at 801-538-3377 or 801-538-3081, or by Internet E-mail at mvang@utah.gov or cwhipple@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.