Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

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NOTICES OF PROPOSED RULES DAR File No. 33647 ♦ LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local governments. ♦ SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. ♦ PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance cost anticipated. This rule only affects agencies of the executive branch of state government. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (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 savings 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. 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: ♦ J.J. Acker by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2010 THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2010 AUTHORIZED BY: Jeff Herring, Executive Director R477. Human Resource Management, Administration. R477-11. Discipline. 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 (a) DHRM shall consult with the Office of the Attorney General, if necessary, prior to agency management imposing discipline on an employee that is grievable to the Career Service Review Office. (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 and the underlying reasons supporting the intended action. (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 respond or does not reply within the time frame established by the agency representative or within five 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: (a) written reprimand; (b) suspension without pay up to 30 calendar days per incident requiring discipline; (c) demotion of any employee through one of the following actions: (i) An employee may be moved from a position in one job to a position in another job having a lower maximum salary range and shall receive a reduction in the current actual wage. (ii) An employee's current actual wage may be lowered within the current salary range, as determined by the agency head or designee. (d) dismissal. 112 UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11
DAR File No. 33647 NOTICES OF PROPOSED RULES An agency head shall dismiss or demote a career service employee only in accordance with Subsection 67-19-18(5) and 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) Disciplinary actions are subject to the grievance and appeals procedure by law for career service employees only. 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. KEY: discipline of employees, dismissal of employees, grievances, government hearings Date of Enactment or Last Substantive Amendment: 2010 Notice of Continuation: June 9, 2007 Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-18; 63G-2-3 33627 Human Services, Recovery Services R527-201 Medical Support Services NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: 33627 FILED: 05/10/2010 RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE: To clarify how the Office of Recovery Services will designate in administrative orders which parent's health, hospital, or dental insurance plan is primary and which parent's health, hospital, or dental insurance plan is secondary in accordance with Sections 30-3-5 and 30-3.5.5. This provision will take effect if, at any time, a dependent child is covered by both parents' health, hospital, or dental insurance plans. SUMMARY OF THE RULE OR CHANGE: This change adds a new section, R527-201-10, Coordination of Health Insurance Benefits, which clarifies that the parent whose birthday occurs first in the calendar year will carry the primary insurance coverage for the child, if at any time a dependent child is covered by both parents' health, hospital, or dental insurance plans. Also, adding the law reference for Sections 30-3-5 and 30-3-5.5 to the Authorizing, and Implemented or Interpreted Law section. STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE: 45 CFR 303.30 and 45 CFR 303.31 and 45 CFR 303.32 and Section 62A-1-111 and Section 62A-11-107 and Section 62A-11-326 and Section 62A-11-326.1 and Section 62A-11-326.2 and Section 62A-11-326.3 and Section 63G-4-102 et seq. and Section 78B-12-212 and Subsection 35A-7-105(2) and Subsection 62A-11-103(2) and Subsection 62A-11-406(9) and Subsection 78B-12-102(6) ANTICIPATED COST OR SAVINGS TO: ♦ THE STATE BUDGET: There are no anticipated costs or saving to the state because the changes to the rule affect documents that are already being generated for other reasons. The office has been and is still required to provide the same services pursuant to federal regulations and state law. ♦ LOCAL GOVERNMENTS: Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment. ♦ SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the changes to the rule do not affect the ways that employers administer insurance policies. The changes to the rule are consistent with the way insurance companies currently determine the primary insurance carrier when/if both parents provide health, hospital, or dental insurance for the child. ♦ PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to other persons because the changes to the rule are consistent with the way insurance companies currently determine the primary insurance carrier when/if both parents provide health, hospital, or dental insurance for the child. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings to affected persons because the changes to the rule do not affect the way that the Office of Recovery Services does business. The changes to the rule only designate which parent's insurance will be designated in administrative orders issued by the Office of Recovery Services as the primary coverage when/if both parents provide heath, hospital, or dental insurance for a minor child. The designation is consistent with the way insurance companies currently determine the primary insurance carrier. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs or savings to affected persons because the changes to the rule do not affect the way that employers administer insurance policies. The changes to the rule only designate which parent's insurance will be UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11 113
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UTAH STATE BULLETIN OFFICIAL NOTICE
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TABLE OF CONTENTS SPECIAL NOTICES..
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SPECIAL NOTICES Health Health Care
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EXECUTIVE DOCUMENTS Gary R. Herbert
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NOTICES OF PROPOSED RULES DAR File
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Page 66 and 67: NOTICES OF PROPOSED RULES DAR File
Page 133 and 134: FIVE-YEAR NOTICES OF REVIEW AND STA
Page 135: NOTICES OF LEGISLATIVE NONREAUTHORI
Page 139 and 140: RULES INDEX BY AGENCY (CODE NUMBER)
Page 141 and 142: RULES INDEX R81-4D-1 Licensing 3315
Page 143 and 144: RULES INDEX of Program Funds R277-4
Page 145 and 146: RULES INDEX R356-1 Procedures for t
Page 147 and 148: RULES INDEX Child and Family Servic
Page 149 and 150: RULES INDEX R657-62 Drawing Applica
Page 151 and 152: RULES INDEX R994-204 Covered Employ
Page 153 and 154: RULES INDEX Capitol Preservation Bo
Page 155 and 156: RULES INDEX Human Services, Adminis
Page 157 and 158: RULES INDEX cross connection contro
Page 159 and 160: RULES INDEX Education, Administrati
Page 161 and 162: RULES INDEX fire marshal Environmen
Page 163 and 164: RULES INDEX Insurance, Administrati
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RULES INDEX Human Services, Adminis
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RULES INDEX mineral classification
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RULES INDEX performance standards H
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RULES INDEX Public Service Commissi
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RULES INDEX Acquisition risk manage
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RULES INDEX stabilization Environme
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RULES INDEX Workforce Services, Une
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