Human Resource Management, Administration

Rule R477-2

Administration

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35822
Filed: 02/02/2012 02:04:56 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule of the Department of Human Resource Management (DHRM) governs applicability of rules, compliance, record-keeping and information, fair employment practice, personal service expenditures, and employment eligibility verification. Statutory authority for this rule is found in Subsection 63G-2-204(2)(d) wherein government entities are granted authority to write rules governing requests for information under the Government Records and Management Act, Title 63G, Chapter 2. Section 67-19-6 gives the department rulemaking authority for the human resource management system. Subsection 67-19-18(3) gives the department authority to write rules governing the procedural and documentary requirements for disciplinary matters.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Comments over the past five years regarding this rule came from DHRM staff. Recommendations and resulting amendments reflected new legislation, federal laws, removal of redundant language and editing language for clarity.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule contains requirements for state compliance with federal laws governing discrimination and equal employment opportunity and Section 67-19-4; record-keeping for state employees under the Personnel Management Act in Subsections 67-19-18(5); articulates policy regarding supervision of relatives in Section 52-3-1; and establishes rules for state personnel record keeping under the Government Records and Management Act in Title 63G, Chapter 2. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov

Authorized by:

Jeff Herring, Executive Director

Effective:

02/02/2012