No. 28691 (Amendment): R477-4. Filling Positions

DAR File No.: 28691
Filed: 04/28/2006, 11:07
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amendments to this rule implement some aspects of a policy change for reassignment and transfer, implement selected provisions of H.B. 213 passed in the 2005 General Session and H.B. 269 passed in the 2006 General Session, and include federal guidelines for veterans preference in hiring. (DAR NOTE: H.B. 213 (2005) is found at Chapter 15, Laws of Utah 2005, and was effective 01/01/2006. H.B. 269 (2006) is found at Chapter 139, Laws of Utah 2006, and will be effective 07/01/2006.)

 

Summary of the rule or change:

Section R477-4-6 now provides for an employee to be reassigned to another position without a reduction in the current actual wage, and defines a transfer or reassignment. Section R477-4-7 clarifies that an employee who returns to work within a year will have sick leave reinstated but it will be placed in the employee's program II account. Sections R477-4-8 and R477-4-9 are amended to remove the option to negotiate delegation agreements with agencies for recruitment and testing and include federal guidelines for providing veterans preference on the final hiring lists.

 

State statutory or constitutional authorization for this rule:

Section 67-19-6

 

Anticipated cost or savings to:

the state budget:

Agencies can implement these amendments within existing administrative procedures and no additional cost is anticipated.

 

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government.

 

other persons:

This rule only affects the executive branch of state government and will have no impact on other persons. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government.

 

Compliance costs for affected persons:

This rule only affects agencies within the executive branch of state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or saving on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no affect on business. Jeff Herring, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

 

Direct questions regarding this rule to:

Linda Cooper or Conroy Whipple at the above address, by phone at 801-538-3208 or 801-538-3067, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at [e-mail] or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2006

 

This rule may become effective on:

07/01/2006

 

Authorized by:

Jeff Herring, Executive Director

 

 

RULE TEXT

R477. Human Resource Management, Administration.

R477-4. Filling Positions.

R477-4-6. Transfer and Reassignment.

(1) Positions may be filled by reassigning an employee without a reduction in[ pay] the current actual wage [for administrative reasons or corrective action pursuant to R477-10-2]except as provided in R477-6-4(6).

(2) The agency that receives a transfer or reassignment of an employee shall verify his career status and that the employee meets the job requirements for the position.

(a) An employee with a disability who is otherwise qualified may be eligible for transfer or reassignment to a vacant position within the agency as a reasonable accommodation measure.

(3) Agencies receiving a transfer or reassignment of an employee shall accept all of that employee's previously accrued sick, annual, and converted sick leave on the official leave records.

(4) A career service employee assimilated from another career service jurisdiction shall accrue leave at the same rate as a career service employee with the same seniority.

(5) A reassignment or transfer may be to one or more of the following:

(a) a different job or position;

(b) a different work location;

(c) a different organizational unit; or

(d) a different agency.

 

R477-4-7. Rehire.

(1) A former career service employee may be eligible for rehire to any career service position for which he is qualified.

(a) A rehired employee must compete through the DHRM approved recruitment and selection system and must serve a new probationary period, as designated in the official job description.

(i) The annual leave accrual rate for an employee who is rehired to a position which receives leave benefits shall be based on all state employment in which the employee was eligible to accrue leave.

(ii) An employee who is rehired within 12 months of separation to a position which receives sick leave benefits shall have his previously accrued sick leave credit reinstated as program II sick leave.

(b) A rehired employee may be offered any salary within the[ regular] salary range for the position.

(2) Career Service exempt employees cannot be rehired to career service positions, except as prescribed by Section 67-19-17.

 

R477-4-8. Examinations.

(1) Examinations shall be designed to measure and predict success of individuals on the job. Appointment to career service positions shall be made through open, competitive selection.

(2) The Executive Director, DHRM, shall establish the standards for the development, approval and implementation of examinations. Examinations shall include the following:

(a) a documented job analysis;

(b) an initial, unbiased screening of the individual's qualifications;

(c) security of examinations and ratings;

(d) timely notification of individuals seeking positions;

(e) elimination from further consideration of individuals who abuse the process;

(f) unbiased evaluation and results;

(g) reasonable accommodation for qualified individuals with disabilities.

(3) When examinations utilizing ratings of training and experience are administered, agencies may establish maximum years of credit for training and experience for the purpose of rating qualified applicants. Separate maximums may be set for years of training and years of experience. These maximums shall be included in the agency's recruitment notice.[

(4) The Executive Director, DHRM, may enter into delegation agreements with agencies to develop and administer examination instruments, subject to periodic administrative audits by DHRM.]

 

R477-4-9. Hiring Lists.

(1) The hiring list shall include the names of qualified and interested applicants who are eligible to be considered for appointment or conditional appointment to a specific position.

(a) Hiring lists shall be constructed using the DHRM approved recruitment and selection system. All competitive processes shall be based on job related criteria.

(b) All applicants included on a hiring list shall be examined with the same examination or examinations.

(c) An individual shall be considered an applicant when he is determined to be both qualified for and interested in a particular position identified through a specific requisition.

(2) An applicant may be removed from further consideration when he, without valid reason, does not pursue appointment to a position.

(3) An individual who falsifies any information in the job application, examination or evaluation processes may be disqualified from further consideration prior to hire, or disciplined if already hired.

(4) Five percent of the total possible score shall be added to [the rating or an appropriate adjustment shall be made on the hiring list]the exam score or an appropriate adjustment shall be made when examination results are other than a numeric score for any applicant claiming veterans preference who:

(a) has served more than 180 consecutive days of active duty in and honorably discharged or released from the armed forces of the United States; or

(b) is the spouse[ or unremarried surviving spouse ], unremarried widow or widower of any veteran.

(5) Ten percent of the total possible score shall be added to [the rating or an appropriate adjustment shall be made on the hiring list]the exam score or an appropriate adjustment shall be made when examination results are other than a numeric score for any applicant claiming veterans preference who:

(a) was honorably discharged or released from active duty with a disability incurred in the line of duty or is a recipient of a Purple Heart, whether or not that person completed 180 days of active duty;or

(b) is the spouse[ or unremarried surviving spouse], unremarried widow or widower of any disabled veteran.[

(6) The Executive Director, DHRM, may enter into delegation agreements with agencies to develop and maintain hiring lists and certify eligible applicants to their appointing authorities, subject to periodic administrative audits by DHRM.]

(7) When more than one RIF employee is certified by DHRM, the appointment shall be made from the most qualified.

(8) The appointing authority shall demonstrate and document that equal consideration was given to all applicants whose final score or rating is equal to or greater than that of the applicant hired.

(9) The appointing authority shall ensure that any employee hired meets the job requirements as outlined in the official job description.

 

KEY: employment, fair employment practices, hiring practices

Date of Enactment or Last Substantive Amendment: [July 2, 2005]2006

Notice of Continuation: June 11, 2002

Authorizing, and Implemented or Interpreted Law: 67-19-6