DAR File No. 31997

Corrections, Administration

R251-105

Applicant Qualifications for Employment with Department of Corrections

NOTICE OF PROPOSED RULE

DAR File No.: 31997
Filed: 10/02/2008, 12:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The first change removes part of a sentence about employee job performance and substitutes a statement that complies with ADA requirements. A second change replaces a word with one which more accurately reflects the materials referred to.

Summary of the rule or change:

The first change removes the words "might adversely affect performance" and replaces them with an ADA recognized statement of "would prevent the applicant from performing the essential functions of the job." The second change removed the word "rule" and replaced it with "subsection" because the sentence was referring to a specific subsection of the rule, not the entire rule.

State statutory or constitutional authorization for this rule:

Sections 63G-3-201 and 64-13-10

Anticipated cost or savings to:

the state budget:

These changes are for clarification and will not affect cost or savings to the state budget.

local governments:

These changes are for clarification and will not affect cost or savings to local government budgets.

small businesses and persons other than businesses:

These changes are for clarification and will not affect cost or savings to small businesses or persons other than businesses.

Compliance costs for affected persons:

There is no compliance costs for these changes, nor do they affect any person.

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

The changes to this rule will have no fiscal impact on any business. Thomas E. Patterson, Executive Director

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

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER UT 84020-9549

Direct questions regarding this rule to:

Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, or by Internet E-mail at gogilvie@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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

Thomas E. Patterson, Executive Director

R251. Corrections, Administration.

R251-105. Applicant Qualifications for Employment with Department of Corrections.

R251-105-1. Authority and Purpose.

(1) This rule is authorized by Section [63-46a-3]63G-3-201, 64-13-10, and 64-13-25.

(2) The purpose of this rule is to provide policies and procedures for the screening, testing, interviewing, and selecting of applicants for Department of Corrections employment.

 

R251-105-3. General Requirements.

It is the policy of the Department that applicants for employment:

(1) shall, for POST-certified positions, be a citizen of the United States;

(2) shall, for POST-certified positions, be a minimum of 21 years of age;

(3) shall, as a minimum, be the holder of a high school diploma or furnish evidence of successful completion of an examination indicating an equivalent achievement;

(4) may be required to pass pre-employment tests depending on position requirements;

(5) shall be free from any physical, emotional, or mental conditions which [might adversely affect performance]would prevent the applicant from performing the essential functions of the job;

(6) shall not have been convicted of a crime for which the applicant could have been imprisoned in a penitentiary of this or another state and shall not have been convicted of an offense involving dishonesty, unlawful sexual conduct, physical violence, or the unlawful use, sale or possession of a controlled substance. This [rule]subsection may not apply to all positions;

(7) shall, if required, become a POST-certified officer and maintain certification through successful completion of at least 40 hours of POST training per fiscal year; and

(8) may undergo a background investigation which may include verification of personal history, employment history and criminal records check.

 

KEY: corrections, employment, prisons

Date of Enactment or Last Substantive Amendment: [March 29, 1999]2008

Notice of Continuation: December 3, 2003

Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-10; 64-13-25