No. 42844 (Change in Proposed Rule): Rule R137-1. Grievance Procedure Rules

DAR File No.: 42844
Filed: 05/25/2018 09:21:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The deadline for filing is changed to 30 working days. This change was made by H.B. 383 in the 2018 General Session.

Summary of the rule or change:

The deadline is changed to 30 working days. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the May 15, 2018, issue of the Utah State Bulletin, on page 15. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

Statutory or constitutional authorization for this rule:

• Sections 67-19a-101 through 67-19a-501

Anticipated cost or savings to:

the state budget:

This proposed change has no impact on the state budget.

local governments:

This proposed change has no impact on local governments.

small businesses:

This rule change applies only to executive branch state employees and has no budget impact on small businesses.

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

This rule change applies only to executive branch state employees and has no budget impact on other persons.

Compliance costs for affected persons:

No compliance costs are imposed by this change.

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

This rule applies only to executive branch state employees and has no impact on businesses.

Akiko Kawamura, Administrator

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

Career Service Review Office
Administration
Room 1120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Akiko Kawamura at the above address, by phone at 801-538-3047, by FAX at 801-538-3139, 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:

07/16/2018

This rule may become effective on:

07/23/2018

Authorized by:

Akiko Kawamura, Administrator

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This change is not expected to have any fiscal impact on any large businesses revenues or expenditures because this rule governs procedure in administrative actions exclusively pertaining to state employees and employer agencies. This rule does not have any impact on other entities. The administrator of the Career Service Review office has reviewed and approved this fiscal analysis.

 

 

R137. Career Service Review Office, Administration.

R137-1. Grievance Procedure Rules.

 

. . . . . . .

 

R137-1-15. Procedure for Appealing Disciplinary Action Imposed by Department Head.

(1) An aggrieved employee who has been demoted or dismissed by their respective department head (i.e., executive director or commissioner) may appeal the department head's action directly to the CSRO at the evidentiary step 4 level.

(a) An appeal from discipline imposed by the department head is distinguishable from a grievance.

(b) A grievance is filed at step 1 and proceeds through steps 2 and 3.

(c) When an appeal from discipline imposed by a department head occurs at the step 3 level, it may be appealed directly to the CSRO.

(2) When appealed to the CSRO, the appeal must be filed within [20]30 working days from the date an aggrieved employee receives written notification from the department head who imposed the disciplinary action.

 

. . . . . . .

 

KEY: grievance procedures, reconsiderations

Date of Enactment or Last Substantive Amendment: 2018

Notice of Continuation: July 11, 2016

Authorizing, and Implemented or Interpreted Law: 34A-5-106; 67-19-16; 67-19-30; 67-19-31; 67-19-32; 67-19a et seq.; 63G-4 et seq.