DAR File No. 32598

Human Resource Management, Administration

R477-3

Classification

NOTICE OF PROPOSED RULE

DAR File No.: 32598
Filed: 04/30/2009, 01:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Language is moved from one section to another for consistency, job classification applicability is articulated in more detail, unnecessary language is removed, the potential need for classification review is articulated, and some terminolgy is replaced with clearer terminology.

Summary of the rule or change:

Section R477-3-1 is retitled and rewritten with more detail. In Section R477-3-2, the requirement for "all" jobs to have descriptions is removed. Subsection R477-3-3(2) is added. Section R477-3-6 is added with language from former Section R477-3-1.

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 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 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:

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 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

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:

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

06/15/2009

This rule may become effective on:

07/01/2009

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-3. Classification.

R477-3-1. Job Classification [Methods]Applicability.

[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 the following rule, consistent with Subsection R477-2-2(1).](1) The Executive Director, DHRM, shall prescribe the procedures and methods for classifying all positions except for those exempted in 67-19-12 (2), which include:

(a) employees already exempted from DHRM rules in R477-2-1;

(b) employees in a personal and confidential relationship to an elected official as defined in Subsection 67-19-15(1)(k);

(c) employees of the State Board of Education, who are licensed by the State Board of Education;

(d) employees in any position that is determined by statute to be exempt from classified service;

(e) department heads listed in 67-19-22 and other persons appointed by the governor pursuant to statute;

(f) employees of the Department of Community and Culture whose positions are designated as executive/professional positions by the executive director of the Department of Community and Culture with the concurrence of the executive director of DHRM;

(g) employees of the Governor's Office of Economic Development whose positions are designated as executive/professional positions by the director of the office;

(h) employees of the Medical Education Council; and

(i) educators as defined by Section 53A-25b-102 who are employed by the Utah Schools for the Deaf and the Blind.

(2) The Executive Director, DHRM, may designate specific job titles, job and position identification numbers, schedule codes, and other administrative information for all employees exempted in R477-2-1 and R477-3-1 for identification and reporting purposes only. These employees are not to be considered classified employees.

 

R477-3-2. Job Description.

DHRM shall maintain job descriptions, as appropriate[, for all jobs in the classified plan].

(1) Job descriptions shall contain:

(a) job title;

(b) distinguishing characteristics;

(c) a description of tasks commonly associated with most positions in the job;

(d) statements of required knowledge, skills, and other requirements;

(e) FLSA status and other administrative information as approved by DHRM.

 

R477-3-3. Assignment of Duties.

(1) Management may assign, modify, or remove any [employee]position task or responsibility in order to accomplish reorganization, improve business practices or processes, or for any other reason deemed appropriate by agency management.

(2) Significant changes in the assigned duties may require a position classification review as described in R477-3-4.

 

R477-3-4. Position Classification Review.

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

(a) as part of a [scheduled]classification study;

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

(c) as part of a classification grievance review

(2) DHRM shall determine if there have been sufficient significant changes in the duties of a position to warrant a formal review.

(3) When an agency is reorganized or positions are redesigned, no classification reviews shall be conducted until an appropriate settling period has occurred.

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

 

R477-3-6. Policy Exceptions.

The Executive Director, DHRM, may authorize exceptions to this rule consistent with Subsection R477-2-2(1).

 

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

Date of Enactment or Last Substantive Amendment: July 1, 200[8]9

Notice of Continuation: June 9, 2007

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