Human Resource Management, Administration

Rule R477-10

Employee Development

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35830
Filed: 02/03/2012 09:12:49 AM

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:

Section 67-19-6 contains a general grant of rulemaking authority for human resource management and a specific charge concerning training programs and who has authority for certain types of training. Section 67-19-12 governs pay plans and gives authority to the Department of Human Resource Management (DHRM) to write rules governing how employees receive advancements, including performance criteria, within the salary range.

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) submitted three comments on this rule. The first expressed concern over removal of the August 31 deadline for establishment of performance plans. The second suggested adding the frequency with which harassment prevention training is to occur. The third requested DHRM to establish a statewide rating scale for performance evaluations.

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

This rule sets parameters for agencies in conducting important development activities for employees including evaluation of their performance, performance improvement plans for employees whose performance is not up to standard, and training and educational assistance. Documentation of employee performance and agency attempts to help an employee improve performance are important records in measuring statewide productivity and serve a vital role in disciplinary proceedings and justification of employee salary increases. Performance Improvement Plans are an administrative device used early in the process of dealing with poor performance before applying more formal and legally defined procedures. Therefore, this rule should be continued. DHRM did not reinstate the August 31 deadline for performance plans, nor did they establish a statewide rating scale. These suggestions were not implemented in order to allow flexibility to agencies in establishing a performance cycle that best meets their business needs and processes. DHRM did establish that the scale and parameters for establishing deadlines so employees understand performance standards and expectations in advance of evaluation. DHRM did adopt UPEA's suggestion to include a frequency for harassment training in rule. This frequency coincides with risk management rules.

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:

02/03/2012