No. 27162 (Amendment): R477-3. Classification

DAR File No.: 27162
Filed: 05/14/2004, 03:01
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment provides clarification regarding position classification grievances and reviews and make various nonsubstantive changes.

 

Summary of the rule or change:

Subsection R477-3-4(1) is amended to include new language giving an agency capability to conduct a classification review under the Department of Human Resource Management's (DHRM) authorization. Section R477-3-5 is amended to make it clear that agency management may also initiate a classification grievance.

 

State statutory or constitutional authorization for this rule:

Sections 67-19-6 and 67-19-12

 

Anticipated cost or savings to:

the state budget:

These amendments give agencies the ability to conduct classification reviews which will require resources. However, this is not mandatory for an agency and it is not anticipated that an agency will engage in this activity unless resources are already in place in the agency.

 

local governments:

By law, Section 67-19-15, this rule has no effect beyond the executive branch of state government.

 

other persons:

By law, Section 67-19-15, this rule has no effect beyond the executive branch of state government.

 

Compliance costs for affected persons:

By law, Section 67-19-15, DHRM rules effect only persons employed by the executive branch of state government. Rule amendments that create a cost for an employee will either impose a fee for a choice which an employee may make or will cancel a monetary benefit that an employee currently enjoys because of rule. The amendments to this rule adjust the process for seeking a classification review but do not impose a fee or eliminate an employee right and thus impose no costs on employees.

 

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

Rules published by 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. Section 67-19-15 limits the provisions of career service and this rule 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 businesses through fees. However, no such costs or saving will accrue with this amendment.

 

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:

Conroy Whipple at the above address, by phone at 801-538-3067, by FAX at 801-538-3081, 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:

07/01/2004

 

This rule may become effective on:

07/02/2004

 

Authorized by:

Kim Christensen, Executive Director

 

 

RULE TEXT

R477. Human Resource Management, Administration.

R477-3. Classification.

R477-3-1. Job Classification Methods.

The Executive Director, DHRM, shall prescribe the procedures and methods for classifying all positions not exempted by law from the classification plan. The Executive Director, DHRM, may authorize exceptions to provisions of the following rule, consistent with R477-2-2(1).

 

R477-3-2. Job Description.

DHRM shall maintain job descriptions, as appropriate, for all jobs in the classified plan.

(1) Job descriptions shall contain:

(a) job title;

(b) distinguishing characteristics;

(c) a description of tasks commonly associated with most positions in the job;

(d) statements of required knowledge, skills, and other requirements;

(e) FLSA status and other administrative information as approved by DHRM.

 

R477-3-3. Assignment of Duties.

Management may assign, modify, or remove any employee task or responsibility in order to accomplish reorganization, improve business practices or process, or for any other reason deemed appropriate by the department administration.

 

R477-3-4. Position Classification Review.

(1) A formal classification review may be conducted under the following circumstances:

(a) as part of a scheduled study;

(b) at the request of [the]an agency, with the approval of the Executive Director, DHRM;

(c) as part of a classification grievance review[.]; or

(d) by an agency authorized by DHRM to conduct classification studies.

(2) DHRM or an approved contract agency shall determine if there are significant changes in the duties of a position to warrant a review.

(3) When an agency is reorganized or positions are redesigned, no classification reviews shall be conducted during a three-month settling period unless otherwise determined necessary by DHRM or an approved contract agency.

(4) The Executive Director, DHRM, or designee shall make final classification decisions unless overturned by a hearing officer or court.

 

R477-3-5. Position Classification Grievances.

(1) [A]An agency or a career service employee may grieve formal classification decisions regarding the classification of a position[involving the duties and responsibilities of their own position].

(a) This rule refers to grievances concerning the assignment of individual positions to appropriate jobs based on duties and responsibilities. The assignment of salary ranges is not included in this rule.

(b) An employee may only grieve a formal classification decision regarding the employee's own position.

([b]c) [Career service employees]A career service employee or an agency who grieves a classification decision must complete the job classification grievance form. The form must be received by DHRM within 10 working days of receiving notice of the decision from DHRM or a contract agency; otherwise the grievance will not be processed.

(2) The position classification grievance process is as follows:

(a) Grievances must be submitted to DHRM on a currently approved grievance form.

(b) The Executive Director, DHRM, shall assign the grievance to a classification panel of three or more impartial persons who are trained in the state's classification procedures.

(c) The classification panel may:

(i) Access previous fact finding reviews, classification decisions, and reports;

(ii) Request new or additional fact finding interviews;

(iii) Consider new or additional information.

(d) The classification panel shall determine whether the assigned classification was appropriate. The panel shall follow the appropriate statutes, rules, and procedures which were current at the time the decision was made. The panel shall report its findings and recommendations to the Executive Director, DHRM. The Executive Director, DHRM, shall make a decision and notify the grievant and the agency representative of the decision.

(e) The grievant may grieve the Executive Director's decision to an impartial classification hearing officer contracted by the state. The grievance must be received by DHRM within 10 working days of the employee receiving notice of the panel decision.

(g) The hearing officer shall review the classification and make the final decision.

 

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

[July 5, 2002]2004

Notice of Continuation June 11, 2002

67-19-6

67-19-12