No. 30051: R477-1. Definitions

DAR File No.: 30051
Filed: 06/09/2007, 11:04
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:

Subsection 67-19-6(1)(d) gives the Department of Human Resource Management (DHRM) broad powers within the Administrative Rulemaking Act to "...adopt rules for personnel management...." DHRM has opted to use a format similar to the Utah Code in that definitions are treated in a separate section for quick reference rather than in the text of the rules unless it is clearer for the non-expert reader to have the definition within the text.

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

The definitions contained in this rule support all other DHRM rules. Amendments to these definitions are driven almost exclusively by amendments to other DHRM rules and therefore come mostly from within DHRM. Within the previous five years however, two written requests were received by human resource offices within agencies of the executive branch. One came from the human resource staff within the Department of Human Services (DHS) to amend the definition of "At Will Employee". It was suggested that the definition be simplified to include only employees who did not have career service status for whatever reason. This suggestion was accepted and incorporated into the rules. The second request came from the human resource staff within the Department of Health to amend the definition of "Excess Hours" to exclude sick leave and compensatory time for employees exempt from the Fair Labor Standards Act (FLSA) in the computation of excess hours.

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

DHRM rules can be complex and involved, especially for the non-expert reader. Dedicating one of these rules to the definition of commonly used terms can be a great assist to understanding and terms are easier to look up. Therefore, this rule should be continued. The recommendation from DHS to exclude sick leave and compensatory time from the definition of "excess hours" was not accepted because it would restrict the flexibility of local managers to manage employees use of time and leave according to the employees situation and needs.

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