Human Resource Management, Administration

Rule R477-3

Classification

Notice of Proposed Rule

(Amendment)

DAR File No.: 33614
Filed: 04/30/2010 11:08:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amendments are made in response to H.B. 140 (2010 General Session), articulating job classification applicability and the process for position classification grievances in more detail. (DAR NOTE: 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 R477-3-1(1), those exempted from classification are defined. In Section R477-3-5, the process for position classification grievances is defined in greater detail.

State statutory or constitutional authorization for this rule:

• Section 67-19-6
• Section 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:

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
Administration
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 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:

06/14/2010

This rule may become effective on:

06/21/2010

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-3. Classification.

R477-3-1. Job Classification Applicability.

(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);]all employees in:

(i) the office and residence of the governor;

(ii) the Utah Science Technology and Research Initiative (USTAR);

(iii) the Public Lands Policy Coordinating Council;

(iv) the Office of the Utah State Auditor; and

(v) the Utah State Treasurer's Office;

(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) employees whose agency has authority to make rules regarding performance, compensation, and bonuses for its employees;

(f) 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) temporary employees in Schedule TL or IN who work part time indefinite or work on a time limited basis; and[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)] educational interpreters and 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.

(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 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 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.

 

R477-3-5. Position Classification Grievances.

(1) An agency or a career service employee may grieve formal classification decisions regarding the classification of a position.

(a) This rule refers to grievances concerning the assignment of individual positions to appropriate jobs based on duties and responsibilities. The assignment of salary ranges is not included in this rule.

(b) An employee may only grieve a formal classification decision regarding the employee's own position.

(2) DHRM shall follow the first level classification hearing service of process as follows:

(a) An employee filing a classification grievance shall submit a completed Position Classification Grievance form along with required information to the Executive Director, DHRM.

(i) If the classification form is incomplete, the employee is notified of the discrepancy via both certified and electronic mail within seven calendar days from DHRM's receipt of the grievance.

(A) The employee shall be given 14 calendar days, from the date the employee receives the electronic mail notice, to submit requested additional information.

(ii) If the classification form is complete, the employee is notified via both certified and electronic mail within seven calendar days that the grievance has been received.

(b) The DHRM employee who made the initial classification decision is notified of receipt of the grievance within seven calendar days and is provided a copy of the grievance.

(i) The DHRM employee is given 14 calendar days to review the initial decision and return the completed paperwork to the grievance panel chairperson.

(c) The chairperson has 14 calendar days from receipt of the completed paperwork to:

(i) contact assigned grievance panel members;

(ii) provide copies of all grievance materials to the panel members; and

(iii) to electronically notify the employee of possible hearing dates.

(d) The employee shall be given seven calendar days from the date the employee receives the electronic mail notice to respond with a selected hearing date.

(e) An employee may withdraw the grievance at any time.

(f) The grievance panel has 30 days from the date the employee's response is received to prepare findings and recommendations and present them to the Executive Director, DHRM. The Executive Director, DHRM, shall make the classification decision and notify the grievant.

 

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, 2009] 2010

Notice of Continuation: June 9, 2007

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