Human Resource Management, Administration

Rule R477-3

Classification

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35823
Filed: 02/02/2012 02:05:39 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:

Subsection 67-19-12(3) charges the Department of Human Resource Management (DHRM) with responsibility for the maintenance of a state classification system. Section 67-19-31 provides for a classification grievance process. This rule is written under the broad rule making power granted in Section 67-19-6 to bring administrative and legal consistency to these two processes.

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

Utah Public Employees' Association (UPEA) expressed concern over the discretionary authority given to DHRM and perceived discretion of agency management that might lead to employees being assigned duties, without increased compensation, that are within a higher job range by simply electing to forgo a classification review. The recommendation was to make classification reviews mandatory. This was rejected because under code, DHRM determines whether classification reviews are required. Further, agency management does not have discretionary authority. UPEA also recommended some clarifying language in other areas of this rule, some of which was inserted.

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

Classification addresses a fundamental function of DHRM as found in Subsection 67-19-6(1). The classification system that this rule addresses cannot be delegated to another department. 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