DAR File No. 32630

Human Resource Management, Administration

R477-4

Filling Positions

NOTICE OF PROPOSED RULE

DAR File No.: 32630
Filed: 04/30/2009, 05:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Unnecessary and redundant language is removed; more detailed information is included to foster greater assistance and clarity in the recruitment process; some terminology is updated; some sections are rewritten to remove outdated material, simplify and reduce unnecessary text; reassignment and transfer are clarified; and obsolete sections are removed.

Summary of the rule or change:

Section R477-4-1 is retitled to reflect a rewrite that removes unnecessary language. Section R477-4-2 is rewritten and expanded with more detail. Subsection R477-4-5(5) is removed. Section R477-4-6 is rewritten for greater clarity. Subsection R477-4-8(3) is removed as it is unnecessary. In Section R477-4-9, hiring list provisions are reduced and simplified, removing redundant language. Obsolete Section R477-4-10 is removed. Section R477-4-13 is rewritten for clarity. Section R477-4-16 is added for consistency with other rules.

State statutory or constitutional authorization for this rule:

Section 67-19-6

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.

R477-4. Filling Positions.

R477-4-1. Authorized Recruitment System[ation to Fill a Position].

[Agencies shall have sufficient funds to fill positions that are listed in the Position Management Report. The Executive Director, DHRM, may authorize exceptions to this rule, consistent with Subsection R477-2-2(1).

The DHRM approved recruitment and selection system is the state's recruitment and selection system for career service positions. ]Agencies shall use the DHRM approved recruitment and selection system unless an alternate system has been pre-approved by [the Department of Human Resource Management]DHRM.

 

R477-4-2. [Selection for ]Career Service Exempt Positions.

(1) [Agencies and managers may use any process to select an employee for a career service exempt position which complies with state and federal laws and regulations.]The Executive Director, DHRM, may approve the creation and filling of career service exempt positions, as defined in Section 67-19-15.

(2) Agencies may use any pre-approved process to select an employee for a career service exempt position. Appointments may be made without competitive examination, provided job requirements are met.

(3) Only Schedule A appointments made from a hiring list under Subsection R477-4-9 may be considered for conversion to career service.

(4) Appointments to fill an employee's position who is on approved leave without pay shall only be made temporarily.

(5) Appointments made on a time-limited basis shall:

(a) be Schedule AI, AJ, or AL

(b) have a time limited agreement signed by both the hiring official and the employee.

 

R477-4-3. Career Service Positions.

(1) Selection of a career service employee shall be governed by the following:

(a) DHRM [standards and procedures]business practices;

(b) career service principles;

(c) equal employment opportunity principles;

(d) Section 52-3-1, employment of relatives;

(e) reasonable accommodation for qualified applicants covered under the Americans With Disabilities Act.

 

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) reassignment[s] or transfer made in order to avoid a reduction in force, or for reorganization or bumping purposes;

(e) reassignment[s], [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; or

(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 hiring list of qualified applicants [certified as eligible for appointment to]for the position, or from another competitive process pre-approved by the Executive Director, DHRM.

 

R477-4-5. Recruitment for Career Service Positions.

(1) Agencies shall use the DHRM approved recruitment and selection system for all career service position vacancies. This includes recruitments open within an agency, across agency lines, or to the general public. Recruitment shall comply with federal and state laws and DHRM rules and procedures.

(a) In addition to the DHRM required recruitment announcement, all other recruitment announcements shall include the following:

(i) position information about available vacancies;

(ii) information about the DHRM approved recruitment and selection system;

(iii) [documented communication regarding examination methods and ]opening and closing dates[, if applicable]; and

(iv) a strategy for equal employment opportunity, if applicable.

(2) [Job information]Recruitments for career service positions shall be [announced publicly]posted for a minimum of [five working]seven calendar days.

(3) Agencies are required to provide employees with information about the DHRM approved recruitment and selection system.

(4) Recruitment is not required for personnel actions under Subsection R477-4-4(1).

[ (5) Appointment of an employee from the statewide reappointment register must comply with the order of selection under Section R477-4-4.

]

R477-4-6. Transfer and Reassignment.

(1) Positions may be filled by reassigning an employee without a reduction in the current actual wage except as provided in federal or state law.[under Subsection R477-6-4(5).]

([2]a) [The agency that receives a]Prior to transfer or reassignment of an employee, the receiving agency shall verify [his]the employee's career service status and that the employee meets the job requirements for the position.

([a]i) An employee with a disability who is otherwise qualified may be eligible for transfer or reassignment to a vacant position within the agency as a reasonable accommodation measure.

([3]b) Agencies receiving a transfer or reassignment of an employee shall accept all of that employee's previously accrued sick, annual, and converted sick leave on the official leave records.

([4]c) A career service employee assimilated from another career service jurisdiction shall accrue leave at the same rate as a career service employee with the same seniority.

([5]2) A reassignment or transfer may [be to one or more of the following]include assignment to:

(a) a different job or position with an equal or lesser salary range maximum;

(b) a different work location; or

(c) a different organizational unit[; or

(d) a different agency].

 

R477-4-7. Rehire.

(1) [A former career service employee may be eligible for rehire to any career service position for which he is qualified. Rehire is not a right.

(a) ]A [rehired]former employee [must]shall compete for career service positions through the DHRM approved recruitment and selection system and [must]shall serve a new probationary period, as designated in the official job description.

([i]a) The annual leave accrual rate for an employee who is rehired to a position which receives leave benefits shall be based on all [state]eligible employment in which the employee [was eligible to ]accrued leave.

([ii]b) An employee rehired within one year of separation shall have forfeited sick leave reinstated as Program II sick leave.

([b]c) A rehired employee may be offered any salary within the salary range for the position.[

(2) Career Service exempt employees cannot be rehired to career service positions, except as prescribed by Section 67-19-17.]

 

R477-4-8. Examinations.

(1) Examinations shall be designed to measure and predict success of individuals on the job. Appointment to career service positions shall be made through open, competitive selection.

(2) The Executive Director, DHRM, shall establish the standards for the development, approval and implementation of examinations. Examinations shall include the following:

(a) a documented job analysis;

(b) an initial, unbiased screening of the individual's qualifications;

(c) security of examinations and ratings;

(d) timely notification of individuals seeking positions;

(e) elimination from further consideration of individuals who abuse the process;

(f) unbiased evaluation and results;

(g) reasonable accommodation for qualified individuals with disabilities.[

(3) When examinations utilizing ratings of training and experience are administered, agencies may establish maximum years of credit for training and experience for the purpose of rating qualified applicants. Separate maximums may be set for years of training and years of experience.]

 

R477-4-9. Hiring Lists.

(1) The hiring list shall include the names of qualified and interested applicants who are eligible to be considered for appointment or conditional appointment to a specific position.

(a) [Hiring lists shall be constructed using the DHRM approved recruitment and selection system. All competitive processes shall be based on job related criteria.

(b) All applicants included on a hiring list shall be examined with the same examination or examinations.

(c) ]An individual shall be considered an applicant when the individual applies for [he is determined to be both qualified for and interested in ]a particular position identified through a specific [requisition]recruitment.

(b) Hiring lists shall be constructed using the DHRM approved recruitment and selection system.

(c) Applicants for career service positions shall be evaluated and placed on a hiring list based on position related criteria.

(d) All applicants included on a hiring list shall be examined with the same examination or examinations.

(2) An applicant may be removed from further consideration when he, without valid reason, does not pursue appointment to a position.

(3) An individual who falsifies any information in the job application, examination or evaluation processes may be disqualified from further consideration prior to hire, or disciplined if already hired.

[(4) When more than one RIF employee is certified by DHRM, the appointment shall be made from the most qualified.

]([5]4) The appointing authority shall demonstrate and document that equal consideration was given to all applicants whose final score or rating is equal to or greater than that of the applicant hired.

([6]5) The appointing authority shall ensure that any employee hired meets the job requirements as outlined in the official job description.

 

[R477-4-10. Time Limited Exempt Positions.

The Executive Director, DHRM, may approve the creation and filling of career service exempt positions for temporary, emergency, seasonal, intermittent or other special and justified agency needs. These appointments shall be career service exempt as defined in Section 67-19-15.

(1) Time limited, temporary or seasonal career service exempt appointments, such as schedules AJ and AL, may be made without competitive examination, provided job requirements are met.

(a) The following appointments are temporary, and may not receive benefits:

(i) AJ appointments shall last no longer than 1560 working hours in any consecutive 12 month period.

(b) Appointments under schedules AE, AI and AL shall be career service exempt positions. AE, AI and AL employees may receive benefits on a negotiable basis.

(i) Schedule AL appointments shall work on time limited projects for a maximum of two years or on projects with time limited funding.

(ii) Only schedule A appointments made from a hiring list under Subsection R477-4-9 may be considered for conversion to career service.

(2) Appointments to fill an employee's position who is on approved leave without pay shall only be made temporarily.

(3) A time limited agreement shall be signed by the parties.

]

R477-4-1[1]0. Job Sharing.

Agency management may establish a job sharing program as a means of increasing opportunities for [career ]part-time employment. In the absence of an agency program, individual employees may request approval for job sharing status through agency management.

 

R477-4-1[2]1. Internships and Cooperative Education.

Interns or students in a practicum program may be appointed with or without competitive selection. Intern appointments shall be to [temporary]time limited, career service exempt positions.

 

R477-4-1[3]2. Reorganization.

When an agency is reorganized, but an employee's position does not change substantially, the agency may [shall ]not[ be] require[d] the employee to compete for his current position. However, a reduction in the number of positions in a certain class shall be treated as a reduction in force.

 

R477-4-1[4]3. Career Mobility Programs.

Employees and agencies are encouraged to promote career mobility programs.

(1) A career mobility is a time limited assignment of an employee to a different position for purposes of professional growth or fulfillment of specific organizational needs. Career mobility assignments may be to any salary range.

(2) Agencies may provide career mobility assignments inside or outside state government in any position for which the employee qualifies.[to qualified employees. Career mobility programs are designed to develop agency resources and to enhance the employee's career growth.

(a) Agencies shall establish procedures governing career mobility programs.

(2) Agencies shall develop and use written career mobility contract agreements between employees and supervisors to outline all program provisions and requirements. The career mobility shall be both voluntary and mutually acceptable.

(a) Programs shall conform to equal employment opportunities and practices.]

([b]3) An eligible employee or agency[, the agency or supervisor] may initiate a career mobility.

(a) Career mobility assignments may be made without going through the competitive process but shall remain temporary.

(b) Career mobility assignments shall only become permanent if:

(i) the position was originally filled through a competitive recruitment process; or

(ii) a competitive recruitment process is used at the time the agency determines a need for the assignment to become permanent.

(c) Agencies may offer an employee on a career mobility assignment a salary increase or salary decrease of a maximum of 11% or the minimum of the range.

(4) Agencies shall develop and use written career mobility contract agreements between the employee and the supervisor to outline all program provisions and requirements. The career mobility shall be both voluntary and mutually acceptable.

([c]5) A participating employee shall retain all rights, privileges, entitlements, tenure and benefits from the previous position while on career mobility.

([d]a) If a reduction in force affects a position vacated by a participating employee, the participating employee shall be treated the same as other RIF employees.

([3]b) If a career mobility assignment does not become permanent at its conclusion, the employee shall return to the previous position or a similar position and shall receive, at a minimum, the same salary rate and the same or higher salary range that the employee would have received without the career mobility assignment.

([a]6) An employee who has not attained career service status prior to the career mobility program cannot permanently fill a career service position until the employee obtains career service status through a competitive process.

 

R477-4-16. Policy Exceptions.

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

 

KEY: employment, fair employment practices, hiring practices

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