No. 30049: R477-2. Administration

DAR File No.: 30049
Filed: 06/09/2007, 11:03
Received by: NL

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:

This rule of the Department of Human Resource Management (DHRM) governs applicability of rules, compliance, record keeping and information, fair employment practice, and the Quality Service Award. Statutory authority for this rule is found in several sections of the Utah Code. Subsection 63-2-204(2) gives government entities authority to write rules governing requests for information under the Government Records and Management Act, Title 63, Chapter 2. Section 67-19-6 gives DHRM broad rulemaking authority for the human resource management system. Subsection 67-19-18(3) gives DHRM authority to write rules governing the procedural and documentary requirements for disciplinary matters.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Two requests were received in the previous five years to amend this rule, both from human resource staff within agencies of the executive branch of state government. Staff from the Department of Human Services requested that the results of drug testing not be included in the employee medical file. After considerable research, DHRM deleted this and fitness for duty evaluations from the rule after concluding that this was not required by state or federal law. Staff from the Department of Transportation (DOT) requested DHRM to review all the items required to be placed in the employee's permanent personnel file because of the high administrative cost to maintain these files.

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

This rule contains requirements for state compliance with: federal laws governing discrimination and equal employment opportunity and Section 67-19-4; record keeping for state employees under the Personnel Management Act in Subsections 67-19-18(5) and 67-19-18(3); and the Government Records Access and Management Act and the requirements of the Nepotism Act, Section 52-3-1. Therefore, this rule should be continued. This rule also recognizes the joint role of DHRM, the Division of Finance, and the Governor's Office of Planning and Budget to monitor and control personnel service expenditures for the state. The rule was written with input and consent from all three entities. DHRM staff reviewed each item included in the personnel file as requested by DOT and concluded that there is a valid legal reason to have each item identified in the rule in the file and no changes were made.

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:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director