DAR File No. 29884

Human Resource Management, Administration

R477-3

Classification

NOTICE OF PROPOSED RULE

DAR File No.: 29884
Filed: 04/30/2007, 09:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments remove references to other departments conducting classification reviews and eliminate unnecessary details concerning classification grievances from rule. Nonsubstantive changes are also made to correct references to rule and Utah code.

Summary of the rule or change:

Subsections R477-3-4(1) through (3) are amended to remove references to other agency Human Resources (HR) offices conducting classification reviews. These offices no longer exist since the consolidation of all human resource management functions effective 07/01/2006. Discretion is also given to Department of Human Resource Management (DHRM) to determine the appropriate length of a settling period before classification work is conducted following an agency reorganization. Section R477-3-5 is amended to delete references to the detailed process of a classification appeal. These provisions were directed at HR professionals who worked in agency HR offices. With the consolidation of all HR professional into one department effective on 07/01/2006, these provisions can be handled by department policy. Current department policy requires the classification analyst to give a grievant these details in hard copy. They are also displayed on the DHRM web page.

State statutory or constitutional authorization for this rule:

Sections 67-19-6 and 67-19-12

Anticipated cost or savings to:

the state budget:

These amendments do not require new or additional action by agencies and will therefore have no fiscal impact.

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments.

other persons:

This rule only affects the executive branch of state government and will have no impact on other persons.

Compliance costs for affected persons:

This rule only affects agencies 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 savings 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 effect 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:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at lalmond@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:

06/14/2007

This rule may become effective on:

07/01/2007

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-3. Classification.

R477-3-1. Job Classification Methods.

The Executive Director, DHRM, shall prescribe the procedures and methods for classifying all positions not exempted by law from the classification plan. The Executive Director, DHRM, may authorize exceptions to provisions of the following rule, consistent with Subsection R477-2-2(1).

 

R477-3-4. Position Classification Review.

(1) A formal classification review may be conducted under the following circumstances:

(a) as part of a scheduled study;

(b) at the request of an agency, with the approval of the Executive Director, DHRM; or

(c) as part of a classification grievance review[; or

(d) by an agency authorized by DHRM to conduct classification studies.]

(2) DHRM [or an approved contract agency ]shall determine if there are significant changes in the duties of a position to warrant a review.

(3) When an agency is reorganized or positions are redesigned, no classification reviews shall be conducted [during a three-month]until an appropriate settling period has occurred[unless otherwise determined necessary by DHRM or an approved contract agency].

(4) The Executive Director, DHRM, or designee shall make final classification decisions unless overturned by a hearing officer or court.

 

R477-3-5. Position Classification Grievances.

(1) An agency or a career service employee may grieve formal classification decisions regarding the classification of a position.

(a) This rule refers to grievances concerning the assignment of individual positions to appropriate jobs based on duties and responsibilities. The assignment of salary ranges is not included in this rule.

(b) An employee may only grieve a formal classification decision regarding the employee's own position.[

(c) A career service employee or an agency who grieves a classification decision must complete the job classification grievance form. The form must be received by DHRM within 10 working days of receiving notice of the decision from DHRM or a contract agency; otherwise the grievance will not be processed.

(2) The position classification grievance process is as follows:

(a) Grievances must be submitted to DHRM on a currently approved grievance form.

(b) The Executive Director, DHRM, shall assign the grievance to a classification panel of three or more impartial persons who are trained in the state's classification procedures.

(c) The classification panel may:

(i) Access previous fact finding reviews, classification decisions, and reports;

(ii) Request new or additional fact finding interviews;

(iii) Consider new or additional information.

(d) The classification panel shall determine whether the assigned classification was appropriate. The panel shall follow the appropriate statutes, rules, and procedures which were current at the time the decision was made. The panel shall report its findings and recommendations to the Executive Director, DHRM. The Executive Director, DHRM, shall make a decision and notify the grievant and the agency representative of the decision.

(e) The grievant may grieve the Executive Director's decision to an impartial classification hearing officer contracted by the state. The grievance must be received by DHRM within 10 working days of the employee receiving notice of the panel decision.

(g) The hearing officer shall review the classification and make the final decision.]

 

KEY: administrative procedures, grievances, job descriptions, position classifications

Date of Enactment or Last Substantive Amendment: [July 2, 2004]2007

Notice of Continuation: June 11, 2002

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-12