R477-11-1. Disciplinary Action

  (1) Agency management may discipline any employee for any of the following causes or reasons:

  (a) noncompliance with these rules, agency or other applicable policies, including but not limited to safety policies, agency professional standards, standards of conduct and workplace policies;

  (b) work performance that is inefficient or incompetent;

  (c) failure to maintain skills and adequate performance levels;

  (d) insubordination or disloyalty to the orders of a superior;

  (e) misfeasance, malfeasance, or nonfeasance;

  (f) any incident involving intimidation, physical harm, or threats of physical harm against co-workers, management, or the public;

  (g) no longer meets the requirements of the position;

  (h) conduct, on or off duty, which creates a conflict of interest with the employee's public responsibilities or impacts that employee's ability to perform job assignments;

  (i) failure to advance the good of the public service, including conduct on or off duty which demeans or harms the effectiveness or ability of the agency to fulfill its mission;

  (j) dishonesty; or

  (k) misconduct.

  (2) Agency management shall consult with DHRM prior to disciplining an employee.

  (3) All disciplinary actions of career service employees shall be governed by principles of due process and Title 67, Chapter 19a. The disciplinary process shall include all of the following, except as provided under Subsection 67-19-18(4):

  (a) The agency representative notifies the employee in writing of the proposed discipline, the reasons supporting the intended action, and the right to reply within five working days.

  (b) The employee's reply shall be received within five working days in order to have the agency representative consider the reply before discipline is imposed.

  (c) If an employee waives the right to reply or does not reply within the time frame established by the agency representative or within five working days, whichever is longer, discipline may be imposed in accordance with these rules.

  (4) After a career service employee has been informed of the reasons for the proposed discipline and has been given an opportunity to respond and be responded to, the agency representative may discipline that employee, or any career service exempt employee not subject to the same procedural rights, by imposing one or more of the following forms of disciplinary action:

  (a) written reprimand;

  (b) suspension without pay up to 30 calendar days per incident requiring discipline;

  (c) demotion in accordance with Section R477-1(32), reducing the employee's current actual wage, as determined by the agency head.

  (d) dismissal in accordance with Section R477-11-2.

  (5) If agency management determines that a career service employee endangers or threatens the peace and safety of others or poses a grave threat to the public service or is charged with aggravated or repeated misconduct, the agency may impose the following actions, under Subsection 67-19-18(4), pending an investigation and determination of facts:

  (a) paid administrative leave; or

  (b) temporary reassignment to another position or work location at the same current actual wage.

  (6) At the time disciplinary action is imposed, the employee shall be notified in writing of the discipline, the reasons for the discipline, the effective date and length of the discipline.

  (7) Imposed disciplinary actions are subject to the grievance and appeals procedure by law for career service employees, except under Section 67-19a-402.5. The employee and the agency representative may agree in writing to waive or extend any grievance step, or the time limits specified for any grievance step.