Human Resource Management, Administration

Rule R477-4

Filling Positions

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35824
Filed: 02/02/2012 02:29:47 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 is written under the broad grant of rulemaking authority given to the Department of Human Resource Management (DHRM) in Section 67-19-6. Specifically, this rule addresses the requirements in Sections 67-19-16 and 67-19-15.7 for DHRM to manage the process by which employees are recruited, hired and promoted and to do this by rule.

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

Written comments were received from Utah Public Employees' Association (UPEA) requesting rehired employees to have forfeited sick leave in Program I reinstated if they were separated due to a reduction in force. UPEA requested a prescriptive order of priority in recruitment actions. UPEA requested to leave recruitment posting procedures, which were marked for deletion, in rule. UPEA requested that individuals who were subject to a reduction in force should be given preferential consideration before other applicants. The Department of Administrative Services, Division of Risk Management, expressed concern over the rule limiting reassignments to within agencies.

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

This rule is the foundation for the recruitment and selection procedures that implement the requirements of Section 67-19-16, generally accepted principles of merit and competitive recruitment practices, and case law. Therefore, this rule should be continued. DHRM did implement the reinstatement of Program I sick leave for RIFs rehires. UPEA's priority suggestion was not implemented because such an order would not apply universally. The posting procedures were deleted because they were business processes rather than rule. Preferential consideration was already in rule in another subsection, so UPEA's recommended language was not implemented.

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