Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

NOTICES OF PROPOSED RULES DAR File No. 30170
R477-2-3). An employee may file a complaint through the
established state grievance procedures defined in Title 67,
Chapter 19a; with the Utah Anti-Discrimination and Labor
Division; or directly with the Equal Employment Opportunity
Commission. The processes of these three options are far
more familiar to managers and Human Resource
professionals, whereas the process in this rule is virtually
unknown and never used.
SUMMARY OF THE RULE OR CHANGE: The requirements of this
rule are contained in other sections of DHRM rules. This rule
is repealed in its entirety.
STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS
RULE: Subsection 63-46a-3(2)
ANTICIPATED COST OR SAVINGS TO:
THE STATE BUDGET: This rule is never used by employees in
DHRM who file ADA grievances. Instead they always use the
better known processes provided in Section R477-2-3 as
mentioned in the "purpose of the change" above. Repealing
this rule will have no impact on the number of employees who
may file a grievance or the number of grievances they may
file. There will therefore be no budget impact on the
department.
LOCAL GOVERNMENTS: This rule only affects the state
DHRM and will have no impact on local governments.
OTHER PERSONS: This rule only affects the state DHRM and
will have no impact on other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule only
affects the state DHRM.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE
RULE MAY HAVE ON BUSINESSES: Rules published by DHRM
have no direct effect on businesses or any entity outside state
government. DHRM has authority to write rules only to the
extent allowed by the Utah Personnel Management Act, Title
67, Chapter 19. This act limits the provisions of career service
and these rules to employees of the executive branch of state
government. The only possible impact may be a very slight,
indirect effect if an agency passes costs or saving on to
business through fees. However, it is anticipated that the
minimal costs associated with these changes will be absorbed
by agency budgets and will have no effect on business. Jeff
Herring, Executive Director
THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR
BUSINESS HOURS, AT:
HUMAN RESOURCE MANAGEMENT
ADMINISTRATION
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201, or
at the Division of Administrative Rules.
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
lalmond@utah.gov
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY
SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO LATER
THAN 5:00 PM on 08/31/2007.
THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2007
AUTHORIZED BY: Jeff Herring, Executive Director
R477. Human Resource Management, Administration.
[R477-100. Americans With Disabilities Act (ADA) Complaint
Procedure.
R477-100-1. Authority and Purpose.
This rule applies only to DHRM. Agencies shall adopt, define
and publish their own rules pursuant to the Americans with Disabilities
Act (ADA). The Department of Human Resource Management,
pursuant to 28 CFR 35.107, 1991 edition, adopts, defines, and
publishes within this rule, complaint procedures providing for prompt
and equitable resolution of complaints filed in accordance with Title II
of the Americans With Disabilities Act.
The provision of 28 CFR 35, 1991 edition implements the
provisions of Title II of the Americans With Disabilities Act, 42 USC
12201, which provides that no qualified individual with a disability, by
reason of such disability, be excluded from participation in or be denied
the benefits of the services, programs, or activities of the Department,
or be subjected to discrimination by this or any such entity.
R477-100-2. Definitions.
"The ADA Coordinator" means the Department of Human
Resource Management's coordinator or his designee who has
responsibility for investigating and providing prompt and equitable
resolution of complaints filed by qualified individuals with disabilities.
100-2.(1) "The ADA State Coordinating Committee" means that
committee with representatives designated by the directors of the
following agencies:
(1) Office of Planning and Budget;
(2) Department of Human Resource Management;
(3) Division of Risk Management;
(4) Division of Facilities Construction Management; and
(5) Office of the Attorney General.
100-2.(2) "Disability" means, with respect to an individual with a
disability, a physical or mental impairment that substantially limits one
or more of the major life activities of such an individual; a record of
such an impairment; or being regarded as having such an impairment.
100-2.(3) "Major life activities" means functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
100-2.(4) "Individual with a disability" (hereinafter individual)
means a person who has a disability which limits one of his major life
activities and who meets the essential eligibility requirement for the
receipt of services or the participation in programs or activities
provided by the Department, or who would otherwise be an eligible
applicant for vacant state positions, as well as those who are employees
of the state.
100-2.(5) "Department" means the Department of Human
Resource Management, divisions and units therein.
R477-100-3. Filing of Complaints.
The complaint shall be filed in a timely manner to assure prompt,
effective assessment and consideration of the facts, but no later than
22 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15