DAR File No. 32426

Human Resource Management, Administration

R477-4-4

Order of Selection for Career Service Positions

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 32426
Filed: 03/02/2009, 04:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is the result of S.B. 126 being passed on 02/18/2009 in the 2009 General Session, and signed by the Governor on 03/02/2009.

Summary of the rule or change:

A reference is deleted which refers to Subsection R477-12-3(7), which was deleted in the filing of the emergency rule filing to Rule R477-12. Theses changes are the result of S.B. 126 (2009) being signed into law. (DAR NOTE: The 120-day (emergency) rule filing to Rule R477-12 is published under DAR No. 32427 is this issue, March 15, 2009, of the Bulletin, and was effective 03/02/2009.)

State statutory or constitutional authorization for this rule:

Section 67-19-6 and Subsection 67-19-16(5)(b)

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 fiscal impact on local governments.

small businesses and persons other than businesses:

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

Compliance costs for affected persons:

There will not likely be measurable costs to executive branch agencies in order to comply with this rule.

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. 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

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

S.B. 126 (2009) became effective upon the Governor's signature on 03/02/2009.

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:

Michael Tribe or J.J. Acker at the above address, by phone at 801-538-3627 or 801-537-9096, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at miketribe@utah.gov or jacker@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:

This rule is effective on:

03/02/2009

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-4. Filling Positions.

R477-4-4. Order of Selection for Career Service Positions.

(1) Prior to implementing the steps for order of selection, agencies may administer the following personnel actions:

(a) reemployment of a veteran eligible under USERRA;

(b) reassignment or transfer within an agency for the purposes of reasonable accommodation under the Americans with Disabilities Act;

(c) fill a position as a result of return to work from long term disability or workers compensation at the same or lesser salary range;

(d) reassignments made in order to avoid a reduction in force, or for reorganization or bumping purposes;

(e) reassignments, management initiated career mobility, or other movement of qualified career service employees at the same or lesser salary range to better utilize skills or assist management in meeting the organization's mission;

(f) reclassification.

(2) Agencies may carry out all the following steps for recruitment and selection of vacant career service positions concurrently. Appointing authorities shall make appointments according to the following order of selection which applies to all vacant career service positions:

(a) First, agencies shall make appointments from the statewide reappointment register [in compliance with Subsection R477-12-3(7) ]with the names of individuals who meet the position qualifications.

(b) Second, agencies may make appointments within an agency through promotion or through transfer of a qualified career service employee, career mobility assignments to a higher salary range, or conversions from schedule A to schedule B as authorized by Subsection R477-5-1.(3).

(c) Third, agencies may make appointments from a list of qualified applicants certified as eligible for appointment to the position, or from another competitive process pre-approved by the Executive Director, DHRM.

 

KEY: employment, fair employment practices, hiring practices

Date of Enactment or Last Substantive Amendment: March 2, 2009

Notice of Continuation: June 9, 2007

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