File No. 33603
This rule was published in the May 15, 2010, issue (Vol. 2010, No. 10) of the Utah State Bulletin.
Human Resource Management, Administration
Notice of Proposed Rule
DAR File No.: 33603
Filed: 04/29/2010 11:49:25 PM
Purpose of the rule or reason for the change:
Amendments are made to clarify and comply with H.B. 17 and H.B. 140 (2010 General Session). The recruitment and selection process is simplified and articulated with greater clarity. Unnecessary language is removed. (DAR NOTE: H.B. 17 (2010) is found at Chapter 103, Laws of Utah 2010, and was effective 05/11/2010. H.B. 140 (2010) is found at Chapter 249, Laws of Utah 2010, and will be effective 07/01/2010.)
Summary of the rule or change:
In Subsection R477-4-2(4), requirements for temporary appointments for career service exempt positions are outlined in greater detail. Section R477-4-4 is amended and reduced for simplification. Subsection R477-4-5(1)(i) is removed. Subsection R477-4-6(1)(c) is added to restore sick leave to rehired RIF'd employees. Section R477-4-7 is simplified. In Subsection R477-4-12(3)(c), increases and decreases are limited to 1/2% increments. Several edits are made to eliminate unnecessary language.
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.
This rule only affects the executive branch of state government and will have no impact on local governments.
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.
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
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at firstname.lastname@example.org
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 may become effective on:
Jeff Herring, Executive Director
R477. Human Resource Management, Administration.
R477-4. Filling Positions.
R477-4-1. Authorized Recruitment System.
Agencies shall use the DHRM approved recruitment and selection system unless an alternate system has been pre-approved by DHRM.
R477-4-2. Career Service Exempt Positions.
(1) 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
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]
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 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.
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;
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 or transfer made in order to avoid a reduction in force, or for reorganization or bumping purposes;
, or other movement] of qualified employees to better
utilize skills or assist management in meeting the
organization's mission;[ or]
Agencies may carry out all the following steps for
recruitment and selection of vacant career service positions
Appointing authorities shall] make appointments according to the
following order[ of selection which applies to all vacant career service
First, agencies shall make appointments ]from the [ statewide ]reappointment register
[ with the names of individuals who meet the position
Second, agencies may make appointments within an agency
through promotion or through transfer of a qualified career service
employee, career mobility assignments, 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 for the position, or from another [ competitive ]process pre-approved by the Executive
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
(i) position information about available vacancies;
(ii) information about the DHRM approved recruitment and
(iii) opening and closing dates; and
(iv) a strategy for equal employment opportunity, if
(2) Recruitments for career service positions shall be
posted for a minimum of seven calendar days.
(3) Agencies are required to provide employees with
information about the DHRM approved recruitment and selection
(4) Recruitment is not required for personnel actions under
. 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.
(a) Prior to transfer or reassignment of an employee, the receiving agency shall verify the employee's career service status and that the employee meets the job requirements for the position.[
(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.]
(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.
(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.
(2) A reassignment or transfer may 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.
(1) A former employee shall compete for career service positions through the DHRM approved recruitment and selection system and shall serve a new probationary period, as designated in the official job description.
(a) The annual leave accrual rate for an employee who is rehired to a position which receives leave benefits shall be based on all eligible employment in which the employee accrued leave.
(b) An employee rehired within one year of separation shall have forfeited sick leave reinstated as Program II sick leave.
c]) A rehired employee may be offered any salary within
the salary range for the position.
(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.]
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
security of examinations and ratings; (d) timely notification of individuals seeking
(e) elimination from further consideration of individuals
who abuse the process;
(f) unbiased] evaluation and results;
g]) reasonable accommodation for qualified individuals
. 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
(a) An individual shall be considered an applicant when the individual applies for a particular position identified through a specific 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.
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]) 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
5]) The appointing authority shall ensure that any
employee hired meets the job requirements as outlined in the
official job description.
. Job Sharing.
Agency management may establish a job sharing program as a means of increasing opportunities for part-time employment. In the absence of an agency program, individual employees may request approval for job sharing status through agency management.
. Internships[ and Cooperative Education].
Interns or students in a practicum program
may be appointed with or without competitive selection. Intern
appointments shall be to [
time limited,] career service exempt positions.
When an agency is reorganized, but an
employee's position does not change substantially, the agency
may not require 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.]
. 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.
(3) An eligible employee or agency 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.
(5) A participating employee shall retain all rights, privileges, entitlements, tenure and benefits from the previous position while on career mobility.
(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.
(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.
(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.
(1) An employee assimilated by the state from another career service system shall receive career service status after completing a probationary period if originally selected through a competitive examination process judged by the Executive Director, DHRM, to be equivalent to the process used in the state career service.
(a) Assimilation agreements shall specify whether there are employees eligible for reemployment under USERRA in positions affected by the agreement.
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, 2009]
Notice of Continuation: June 9, 2007
Authorizing, and Implemented or Interpreted Law: 67-19-6
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at email@example.com.