Human Resource Management, Administration

Rule R477-5

Employee Status and Probation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35825
Filed: 02/02/2012 02:30:35 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 67-19-16(5) requires agency heads to make hires from hiring lists for probationary periods established by rule and for the Director of the Department of Human Resource Management (DHRM) to make rules establishing probationary periods.

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

DHRM received comment from Utah Public Employees' Association (UPEA) on this rule. They requested language changes and clarifications they believed would preserve the spirit of competitive recruitment practices.

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

This rule implements the requirements of Section 67-19-16 regarding probationary periods. The probationary period is the final step in the selection process and the gateway to merit status. Therefore, this rule should be continued. Some of the language changes suggested by UPEA were implemented and others were determined unnecessary.

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