DAR File No. 28681

Human Resource Management, Administration

R477-5

Employee Status and Probation

NOTICE OF PROPOSED RULE

DAR File No.: 28681
Filed: 04/28/2006, 10:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment changes one word to ensure consistency throughout the Department of Human Resource Management (DHRM) rules.

Summary of the rule or change:

In Section R477-5-3, the word "pay" is changed to "salary". This is part of a change throughout the DHRM rules to distinguish between the words pay and salary and ensure consistency in their usage.

State statutory or constitutional authorization for this rule:

Section 67-19-3 and Subsection 67-19-16(5)(b)

Anticipated cost or savings to:

the state budget:

DHRM enforcement and practice will continue as before with this change; the amendment simply changes one word for the sake of consistency throughout the DHRM rules. Thus, there are no costs or savings.

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government.

other persons:

This rule only affects the executive branch of state government and will have no impact on other persons. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government.

Compliance costs for affected persons:

This rule only affects agencies in the executive branch of state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government.

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

Rules published by 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. This act 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 business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no affect on business. 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:

Linda Cooper or Conroy Whipple at the above address, by phone at 801-538-3208 or 801-538-3067, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at LKCOOPER@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:

06/14/2006

This rule may become effective on:

07/01/2006

Authorized by:

Jeff Herring, Executive Director

RULE TEXT

R477. Human Resource Management, Administration.

R477-5. Employee Status and Probation.

R477-5-3. Temporary Transitional Position.

(1) An employee on probation who is temporarily disabled may be placed in another position with lighter duty or reduced responsibility and [pay]salary.

(a) This accommodation shall occur for no longer than one year from the date of disability.

(b) Time spent in a transitional position does not reduce the required probationary period in the primary position.

KEY: employment, personnel management, state employees

Date of Enactment or Last Substantive Amendment: [July 1, 2003]2006

Notice of Continuation: June 11, 2002

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-16(5)(b)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Linda Cooper or Conroy Whipple at the above address, by phone at 801-538-3208 or 801-538-3067, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at LKCOOPER@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.