Human Resource Management, Administration

Rule R477-11

Discipline

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35831
Filed: 02/03/2012 09:13:16 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 67-19-18 requires that the Department of Human Resource Management (DHRM) write rules governing disciplinary 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:

The Utah Office of the Attorney General suggested addition of language that would release agency heads from being bound by consistency of disciplinary decisions made prior to their administration. Utah Public Employees' Association (UPEA) suggested removal of language they felt was redundant.

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

This rule fulfills DHRM's responsibility to write rules governing the disciplinary process, Subsection 67-19-18(2). This is an important and technical part of the due process protections afforded to employees by the career service system. Failure to set statewide standards leaves the state open to serious liability. Therefore, this rule should be continued. The language recommended by the Utah Office of the Attorney General was implemented. The language reported as redundant was not removed as it was deemed to have clarifying value.

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