File No. 33608
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.: 33608
Filed: 04/30/2010 12:14:32 AM
Purpose of the rule or reason for the change:
Several terms and phrases are rewritten for clarity. Some language is removed to prevent confusion. Improper terms are corrected.
Summary of the rule or change:
Terms and phrases are replaced throughout the rule. Redundancies and unnecessary language is removed. In Subsection R477-9-2(1)(e)(i), the grievable language is removed to remove confusion since the issue in discussion is not formally grievable to the Career Service Review Board.
State statutory or constitutional authorization for this rule:
- Section 63G-7-2
- Section 67-19-6
- Section 67-19-19
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.
R477-9. Employee Conduct.
R477-9-1. Standards of Conduct.
An employee shall comply with the standards of conduct established in these rules and the policies and rules established by agency management.
(1) Employees shall apply themselves to
and shall fulfill their assigned duties during the full[
-] time for which they are compensated.
(a) An employee shall:
(i) comply with the standards established in the individual performance plans;
(ii) maintain an acceptable level of performance and conduct on all other verbal and written job expectations;
(iii) report conditions and circumstances, including controlled substances or alcohol impairment, that may prevent the employee from performing their job effectively and safely;
(iv) inform the supervisor of any unclear instructions or procedures.
(2) An employee shall make prudent and frugal use of state funds, equipment, buildings, time, and supplies.
(3) An employee who reports for duty or attempts to perform the duties of the position while under the influence of alcohol or nonprescribed controlled substances shall be subject to corrective action or discipline in accordance with Section R477-10-2, Rule R477-11 and R477-14.
(a) The agency may decline to defend and indemnify an employee found violating this rule, in accordance with Section 63G-7-2 of the Utah Governmental Immunity Act.
(4) An employee may not drive a state vehicle or any other vehicle, on state time, while under the influence of alcohol or controlled substances.
(a) An employee who violates this rule shall be subject to corrective action or discipline under Section R477-10-2, Rules R477-11 and R477-14.
(b) The agency may decline to defend or indemnify an employee who violates this rule, according to Subsection 63G-7-202(3)(c)(ii) of the Utah Governmental Immunity Act.
(5) An employee shall provide the agency with a current personal mailing address.
(a) The employee shall notify the agency in writing of any change in address.
(b) Mail sent to the current address on record shall be deemed to be delivered for purposes of these rules.
R477-9-2. Outside Employment.
(1) State employment shall be the principal vocation for a full-time employee governed by these rules. An employee may engage in outside employment under the following conditions:
(a) Outside employment may not interfere with an employee's performance.
(b) Outside employment [
must] not conflict with the interests of the agency
or the State of Utah.
(c) Outside employment [
must] not give reason for criticism
or suspicion of conflicting interests or duties.
(d) An employee shall notify agency management in writing if the outside employment has the potential or appears to conflict with Title 67, Chapter 16, Employee Ethics Act.
(e) Agency management may deny an employee permission to engage in outside employment, or to receive payment, if the outside activity is determined to cause a real or potential conflict of interest.[
(i) An employee may grieve this decision.]
ii]) Failure to notify the employer and to gain approval
for outside employment is grounds for disciplinary action if the
secondary employment is found to be a conflict of interest.
R477-9-3. Conflict of Interest.
(1) An employee may receive honoraria or paid expenses for activities outside of state employment under the following conditions:
(a) Outside activities may not interfere
with an employee's performance
. (b) Outside activities must not conflict with] the
interests of the agency
or the State of Utah.
c]) Outside activities [ must] not give reasons for criticism
or suspicion of conflicting interests or duties.
(2) An employee may not use a state
or ]any influence, power, authority or confidential
information received in that position[ ,]
or state time, equipment, property, or supplies for
(3) An employee may not accept economic benefit tantamount to a gift, under Section 67-16-5 and the Governor's Executive Order on Ethics dated February 14, 2007, or other compensation that might be intended to influence or reward the employee in the performance of official business.
(4) An employee shall declare a potential conflict of interest when required to do or decide something that could be interpreted as a conflict of interest. Agency management shall then excuse the employee from making decisions or taking actions that may cause a conflict of interest.
R477-9-4. Political Activity.
A state [
career service ]employee may voluntarily participate in
political activity, except as restricted by this section or the
federal Hatch Act, 5 U.S.C. Sec. 1501 through 1508.
(1) The federal Hatch Act restricts the political activity of state government employees who work in connection with federally funded programs.
(a) State employees in positions covered by the Hatch Act may run for public office in nonpartisan elections, campaign for and hold office in political clubs and organizations, actively campaign for candidates for public office in partisan and nonpartisan elections, contribute money to political organizations, and attend political fundraising functions.
(b) State employees in positions covered by the federal Hatch Act may not be candidates for public office in a partisan election, use official authority or influence to interfere with or affect the results of an election or nomination, or directly or indirectly coerce contributions from subordinates in support of a political party or candidate.
(c) Prior to filing for candidacy, a state employee who is considering running for a partisan office shall submit a statement of intent to become a candidate to the agency head.
(i) The agency head shall consult with DHRM.
(ii) DHRM shall determine whether the employee's intent to become a candidate is covered under the Hatch Act.
(iii) Employees in violation of section
shall] be disciplined up to termination of their
(d) If a determination is made that the employee's position is covered by the Hatch Act, the employee may not run for a partisan political office.
(i) If it is determined that the employee's position is covered by the Hatch Act, the state shall dismiss the employee if the employee files for candidacy.
(2) Any state [
career service ]employee elected to any partisan or
full-time nonpartisan political office shall be granted a leave of
absence without pay [ while being monetarily compensated] for
service in political office. An employee may not use annual leave
while serving in a political office.
(3) During work time, no [
career service ]employee may engage in any political
activity. No person shall solicit political contributions from
employees of the executive branch during hours of employment.
However, a state employee may voluntarily contribute to any party
or any candidate.
(4) Decisions regarding employment, promotion, demotion or dismissal or any other human resource actions may not be based on partisan political activity.
R477-9-5. Employee Indebtedness to the State.
(1) An employee indebted to the state because of an action or performance in official duties may have a portion of salary that exceeds the minimum federal wage withheld. Overtime salary shall not be withheld.
(a) The following three conditions [
must] be met before withholding of salary may occur:
(i) The debt [
must] be a legitimately owed amount which can be
validated through physical documentation or other evidence.
(ii) The employee [
must] know about and, in most cases, acknowledge the
debt. As much as possible, the employee should provide written
authorization to withhold the salary.
(iii) An employee [
must] be notified of this rule which allows the state to
(b) An employee separating from state service will have salary withheld from the last paycheck.
(c) An employee going on leave without pay for more than two pay periods may have salary withheld from their last paycheck.
(d) The state may withhold an employee's salary to satisfy the following specific obligations:
(i) travel advances where travel and reimbursement for the travel has already occurred;
(ii) state credit card obligations where the state's share of the obligation has been reimbursed to the employee but not paid to the credit card company by the employee;
(iii) evidence that the employee negligently caused loss or damage of state property;
(iv) payroll advance obligations that are signed by the employee and that the Division of Finance authorizes;
(v) misappropriation of state assets for unauthorized personal use or for personal financial gain. This includes reparation for employee theft of state property or use of state property for personal financial gain or benefit;
(vi) overpayment of salary determined by evidence that an employee did not work the hours for which they received salary or was not eligible for the benefits received and paid for by the state;
(vii) excessive reimbursement of funds from flexible reimbursement accounts;
(viii) other obligations that satisfy the requirements of Subsection R477-9-5(1) above.
(2) This rule does not apply to state employee obligations to other state agencies where the obligation was not caused by their actions or performance as an employee.
R477-9-6. Acceptable Use of Information Technology Resources.
Information technology resources are provided to a state employee to assist in the performance of assigned tasks and in the efficient day to day operations of state government.
(1) An employee shall use assigned information technology resources in compliance with Rule R895-7, Acceptable Use of Information Technology Resources.
(2) An employee who violates the Acceptable Use of Information Technology Resources policy may be disciplined according to Rule R477-11.
R477-9-7. Policy Exceptions.
The Executive Director, DHRM, may authorize exceptions to this rule, consistent with Subsection R477-2-2(1).
KEY: conflict of interest, government ethics, Hatch Act, personnel management
Date of Enactment or Last Substantive Amendment: [
July 1, 2009]
Notice of Continuation: June 9, 2007
Authorizing, and Implemented or Interpreted Law: 63G-7-2; 67-19-6; 67-19-19
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.