No. 30061: R477-4. Filling Positions

DAR File No.: 30061
Filed: 06/09/2007, 11:09
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 broad grant of rulemaking authority given to the Department of Human Resource Management (DHRM) in Section 67-19-6. Specifically, this rule addresses the requirements in Sections 67-19-16 and 67-19-15.7 for DHRM to manage the process by which employees are recruited, hired and promoted and to do this by rule.

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 written comments were received concerning this rule. One came from the human resource staff within the Department of Human Services (DHS) wanting DHRM to define the phrase "five working days" for recruiting purposes. Rules require a position to be announced for five working days but some agencies operate on a 24/7 basis and may see a working day different from most other agencies. The Utah Public Employees' Association (UPEA) requested a change to the rule governing career mobility programs. They wanted the rule to specify that all employees in career mobility be required to return to their former position or an equivalent position without losing salary considerations.

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

This rule is the foundation for the recruitment and selection procedures that implement the requirements of Section 67-19-16, generally accepted principles of merit and competitive recruitment practices, and case law. Therefore, this rule should be continued. DHRM did not implement the request from DHS to define more precisely what is meant by "five working days". The current rule provides agencies with needed discretion to define a working day to suit their own needs for recruitments. DHRM had a concern with the UPEA proposal regarding career mobility programs. It would require all employees on career mobility to return to their previous positions making all career mobility assignments temporary. Career mobility programs are designed as important developmental opportunities for employees. This rule is written to allow the possibility for an assignment to become permanent. The UPEA proposal would eliminate an important career opportunity for many employees.

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