No. 39316 (Amendment): Section R477-3-1. Job Classification Applicability

(Amendment)

DAR File No.: 39316
Filed: 04/30/2015 09:04:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add positions to the list of employees exempt from classified service, and clarify existing rules.

Summary of the rule or change:

The changes add positions in employee schedules AU and AQ to list of exempt positions; and clarify rules subject to schedule codes AD and AR.

State statutory or constitutional authorization for this rule:

• Section 67-19-6
• Section 67-19-12

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not directly impact state budgets.

local governments:

This rule only affects the executive branch of state government and will have no impact on local government.

small businesses:

This rule only affects the executive branch of state government and will have no impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees.

Compliance costs for affected persons:

There is no direct compliance cost for these amendments.

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 savings 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 effect on business.

Debbie Cragun, 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:

• Greg Hargis at the above address, by phone at 801-891-5680, by FAX at , or by Internet E-mail at [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:

06/15/2015

Interested persons may attend a public hearing regarding this rule:

• 06/02/2015 10:00 AM, Senate Building, 420 N State Street, Copper Room, Salt Lake City, UT

This rule may become effective on:

07/01/2015

Authorized by:

Debbie Cragun, Executive Director

RULE TEXT

R477. Human Resource Management, Administration.

R477-3. Classification.

R477-3-1. Job Classification Applicability.

(1) The Executive Director, DHRM, shall prescribe the procedures and methods for classifying all positions except for [those exempted in 67-19-12 (2)]the following positions, which include:

(a) employees already exempted from DHRM rules in R477-2-1;

(b) all employees in:

(i) the office and residence of the governor;

(ii) the Utah Science Technology and Research Initiative (USTAR);

(iii) the Public Lands Policy Coordinating Council;

(iv) the Office of the Utah State Auditor; and

(v) the Utah State Treasurer's Office;

(c) employees of the State Board of Education, who are licensed by the State Board of Education;

(d) employees in any position that is determined by statute to be exempt from classified service;

(e) employees whose agency has authority to make rules regarding performance, compensation, and bonuses for its employees;

(f) other persons appointed by the governor under statute;

(g) temporary employees [in Schedule TL or IN ]who work part time indefinite or work on a time limited basis;[ and]

(h) patients and inmates designated as schedule AU;

(i) members of state and local boards and councils and other employees designated as schedule AQ; and

[(h)](j)educational interpreters and educators as defined by Section 53A-25b-102 who are employed by the Utah Schools for the Deaf and the Blind.

(2) The Executive Director, DHRM, may designate specific job titles, job and position identification numbers, schedule codes, and other administrative information for all employees exempted in R477-2-1 and R477-3-1 for identification and reporting purposes only. These employees are not to be considered classified employees.

(3) Employees in schedule codes AD and AR are not considered classified employees but are subject to the Job Description and Assignment of Duties sections of this rule.

 

KEY: administrative procedures, grievances, job descriptions, position classifications

Date of Enactment or Last Substantive Amendment: [July 1, 2014]2015

Notice of Continuation: February 2, 2012

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-12

 

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