No. 30053: R477-12. Separations

DAR File No.: 30053
Filed: 06/09/2007, 11:05
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 is written under the general rulemaking authority granted to the Department of Human Resource Management (DHRM) in Section 67-19-6. This rule establishes procedures by which an employee is separated from state employment and thus contains important legal protections for employees and the state.

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 Utah Public Employees' Association (UPEA) has repeatedly requested that the state adopt a bumping process when administering a reduction in force. This is similar to the process used in typical merit systems when a large number of employees have to be terminated due to budget problems or decrease in workload. A similar request was made in 2003.

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

Separation from employment is a major event for an employee and one that is frequently contested if forced by the employer. As a result, a great deal of precedent has been established by the courts, especially for government merit systems. This rule addresses all the pertinent issues in order to protect both the employee's rights and the state's discretion to terminate. Therefore, this rule should be continued. DHRM has resisted the UPEA request for "bumping" because it is cumbersome, difficult to administer, and not required by Code. In response to previous discussions, DHRM did amend the rule to allow bumping at the discretion of agency management. This option is rarely used by management and DHRM feels it places unusual administrative burden on management and cost on the career service system to require it.

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