DAR File No. 40774

Human Resource Management, Administration

Section R477-101-18

Training

Notice of Proposed Rule

(Amendment)

DAR File No.: 40774
Filed: 09/15/2016 11:28:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add training specifications to existing administrative law judge rule.

Summary of the rule or change:

The rule change introduces the requirement of a procedural fairness training for administrative law judges.

Statutory or constitutional authorization for this rule:

• Section 67-19e-110

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not directly impact state budgets.

local governments:

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

small businesses:

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

persons other than small businesses, businesses, or local governmental entities:

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

Compliance costs for affected persons:

There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees.

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 affect 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 affect 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 affect on business.

Debbie Cragun, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Greg Hargis at the above address, by phone at 801-891-5680, by FAX at , or by Internet E-mail at [email protected]

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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Debbie Cragun, Executive Director

R477. Human Resource Management, Administration.

R477-101. Administrative Law Judge Conduct Committee.

R477-101-18. Training.

(1) The department shall provide an annual webcast on the topic of procedural fairness for administrative law judges. The content of the webcast shall comply with the provisions and requirements set forth in Utah Code 67-19e-110.

(2) Each year that an administrative law judge receives a performance evaluation conducted by the department under this section, the administrative law judge shall complete the procedural fairness training program established by the department.

 

KEY: administrative law judges, conduct committee

Date of Enactment or Last Substantive Amendment: [July 1, 2014]2016

Authorizing, and Implemented or Interpreted Law: 67-19e-101 through 67-19e-109