reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 110 - State pay plans for DNR peace officers and wildland firefighters.

Effective 5/4/2022
63A-17-110.
State pay plans for DNR peace officers and wildland firefighters.
(1) As used in this section:
(a) "DNR peace officer" means an employee of the Department of Natural Resources who is designated as a peace officer by law.
(b) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and State Lands who is:
(i) trained in firefighter techniques; and
(ii) assigned to a position of hazardous duty.
(2) The director shall:
(a) establish a specialized state pay plan for DNR peace officers and wildland firefighters that:
(i) meets the requirements of Section 63A-17-307;
(ii) distinguishes the salary range for each DNR peace officer and wildland firefighter classification;
(iii) includes for each DNR peace officer and wildland firefighter classification:
(A) the minimum qualifications; and
(B) any training requirements; and
(iv) provides standards for:
(A) performance evaluation; and
(B) promotion; and
(b) include, in the plan described in Subsection 63A-17-307(5), recommendations on funding and salary increases for DNR peace officers and wildland firefighters.
Amended by Chapter 169, 2022 General Session
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 111 - Teleworking progress report.

Effective 5/5/2021
63A-17-111.
Teleworking progress report.
(1) As used in this section:
(a) "Mandatory action day" means a day where notice has been issued at least 48 hours in advance by the director of the Division of Air Quality that the concentration of air pollutants measured in a county are predicted to reach or exceed levels of air pollution that are unhealthy for sensitive groups.
(b) "Special circumstance day" means a day where predicted heavy snowfall or other situations pose a risk to employee safety or employee health as determined by the Governor's Office of Planning and Budget or a designee of the Governor's Office of Planning and Budget.
(c) "Surge telework eligible" means all employment positions identified as telework eligible and employment positions identified as able to telework temporarily for mandatory action days or special circumstance days.
(d) "Surge teleworking" means an employee who temporarily teleworks on a mandatory action day or a special circumstance day.
(e) "Telework" or "Teleworking" means an employee working from home, or from an approved worksite other than the location from which the employee would otherwise work, through the use of a computer, the Internet, a telephone, or other technology to complete work-related duties and maintain contact with colleagues, clients, or a central office as needed.
(2)
(a) The division shall assist each state agency with identifying positions that are surge telework eligible.
(b) The division may identify and distribute to each state agency strategies and best practices to increase the use of teleworking by the agency's employees during mandatory action days and special circumstance days.
(3) The Governor's Office of Planning and Budget or a designee of the Governor's Office of Planning and Budget shall inform each state agency in a timely manner of mandatory action days and special circumstance days.
(4) On or before October 1 of each year, the division shall provide a written report to the Economic Development and Workforce Services Interim Committee describing:
(a) the number of employees and the percentage of employees from each agency that are identified as telework eligible and surge telework eligible;
(b) except for the initial written report on or before October 1, 2021, the number of employees and the percentage of employees from each agency that have teleworked during mandatory action days and special circumstance days during the previous fiscal year;
(c) for each agency that has not met the target goal of 90% of surge telework eligible employees teleworking on mandatory action days or special circumstance days, impediments to achieving the target goals and recommended strategies to achieve the target goals in the future; and
(d) for each agency, recommendations for any actions by the Legislature to increase the number and percentage of surge telework eligible employees.
Enacted by Chapter 192, 2021 General Session
Technically renumbered for proper placement in title.
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 2 - Offices and Facilities › Section 201 - Division field offices.

Effective 7/1/2021
63A-17-201.
Division field offices.
(1) The director may establish a field office in an agency.
(2) The director may assign an employee of the division to act as field office staff.
(3) The director and agency head shall sign an agreement, to be reviewed annually, that specifies:
(a) the services to be provided by the division;
(b) the use of agency facilities and equipment by the field office;
(c) protocols to resolve discrepancies between agency practice and division policy; and
(d) any other issue necessary for the proper functioning of the field office.
(4) Unless otherwise provided for in the field office agreement, the agency shall:
(a) assign responsibilities and duties to its employees;
(b) conduct performance appraisals;
(c) discipline the agency's employees in consultation with the division; and
(d) maintain individual personnel records.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 2 - Offices and Facilities › Section 202 - Use of facilities -- Field office facilities cost allocation.

Effective 5/4/2022
63A-17-202.
Use of facilities -- Field office facilities cost allocation.
(1) An agency or a political subdivision of the state shall allow the division to use public buildings under the agency's or the political subdivision's control, and furnish heat, light, and furniture, for any examination, training, hearing, or investigation authorized by this chapter.
(2) An agency or political subdivision that allows the division to use a public building under Subsection (1) shall pay the cost of the division's use of the public building.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 3 - Classification and Career Service › Section 302 - Implementation of exempt status for Schedule AD and AR employees.

Effective 7/1/2021
63A-17-302.
Implementation of exempt status for Schedule AD and AR employees.
(1) As used in this section, "appointee" means:
(a) a deputy director;
(b) a division director;
(c) any assistant directors and administrative assistants who report directly to a department head, deputy director, or their equivalent; and
(d) any other person whose appointment is required by law to be approved by the governor.
(2) After the effective date of this chapter, any new appointee is a merit exempt employee.
(3) Notwithstanding the requirements of this chapter, any appointee who is currently a nonexempt employee does not lose that nonexempt status because of this chapter.
(4) The division shall develop financial and other incentives to encourage appointees who are nonexempt to voluntarily convert to merit exempt status.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 3 - Classification and Career Service › Section 304 - Promotion -- Reclassification -- Market adjustment.

Effective 7/1/2022
63A-17-304.
Promotion -- Reclassification -- Market adjustment.
(1)
(a) If an employee is promoted or the employee's position is reclassified to a higher salary range maximum, the agency shall place the employee within the new range of the position.
(b) An agency may not set an employee's salary:
(i) higher than the maximum in the new salary range; or
(ii) lower than the minimum in the new salary range of the position.
(2) An agency shall adjust the salary range for an employee whose salary range is approved by the Legislature for a market comparability adjustment consistent with Subsection 63A-17-307(5)(b)(i):
(a) at the beginning of the next fiscal year; and
(b) consistent with appropriations made by the Legislature.
(3) Division-initiated revisions in the state classification system that result in consolidation or reduction of class titles or broadening of pay ranges:
(a) may not be regarded as a reclassification of the position or promotion of the employee; and
(b) are exempt from the provisions of Subsection (1).
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 3 - Classification and Career Service › Section 305 - Appointments to Schedule B positions -- Examinations -- Hiring lists -- Probationary service -- Dismissal.

Effective 7/1/2021
63A-17-305.
Appointments to Schedule B positions -- Examinations -- Hiring lists -- Probationary service -- Dismissal.
(1) Each appointment to a position under Schedule B shall be made from hiring lists of applicants who have been selected by competitive procedures as defined by the director.
(2) The director shall publicly announce information regarding career service positions:
(a) for periods of time to be determined by the director; and
(b) in a manner designed to attract the highest number of qualified applicants.
(3) The director shall make rules establishing standards for the development, approval, and implementation of examining processes, including establishing a department approved on the job examination to appoint a qualified person with a disability.
(4) Applicants for employment to Schedule B positions shall be eligible for appointment based upon rules established by the director.
(5)
(a) The agency head shall make appointments to fill vacancies from hiring lists for probationary periods as defined by rule.
(b) The director shall make rules establishing probationary periods.
(6) A person serving a probationary period may not use the grievance procedures provided in this chapter and in Title 67, Chapter 19a, Grievance Procedures, and may be dismissed at any time by the appointing officer without hearing or appeal.
(7) Career service status shall be granted upon the successful completion of the probationary period.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 4 - Payroll › Section 401 - Examination of payrolls and certification of employee eligibility by the director.

Effective 7/1/2021
63A-17-401.
Examination of payrolls and certification of employee eligibility by the director.
(1) The director may examine payrolls at any time to determine conformity with this chapter and administrative rules.
(2) No new employee shall be hired in a position covered by this chapter, and no employee shall be changed in pay, title or status, nor shall any employee be paid unless certified by the director as eligible under the provisions of or rules made pursuant to this chapter.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 4 - Payroll › Section 402 - Division provides payroll services to executive branch agencies -- Report.

Effective 7/1/2021
63A-17-402.
Division provides payroll services to executive branch agencies -- Report.
(1) As used in this section:
(a)
(i) "Executive branch entity" means a department, division, agency, board, or office within the executive branch of state government that employs a person who is paid through the central payroll system developed by the Division of Finance as of December 31, 2011.
(ii) "Executive branch entity" does not include:
(A) the Office of the Attorney General;
(B) the Office of the State Treasurer;
(C) the Office of the State Auditor;
(D) the Department of Transportation;
(E) the Division of Technology Services;
(F) the Department of Public Safety;
(G) the Department of Natural Resources; or
(H) the Utah Schools for the Deaf and the Blind.
(b)
(i) "Payroll services" means using the central payroll system as directed by the Division of Finance to:
(A) enter and validate payroll reimbursements, which include reimbursements for mileage, a service award, and other wage types;
(B) calculate, process, and validate a retirement;
(C) enter a leave adjustment; and
(D) certify payroll by ensuring an entry complies with a rule or policy adopted by the department or the Division of Finance.
(ii) "Payroll services" does not mean:
(A) a function related to payroll that is performed by an employee of the Division of Finance;
(B) a function related to payroll that is performed by an executive branch agency on behalf of a person who is not an employee of the executive branch agency;
(C) the entry of time worked by an executive branch agency employee into the central payroll system; or
(D) approval or verification by a supervisor or designee of the entry of time worked.
(2) The division shall provide payroll services to all executive branch entities.
(3) After September 19, 2012, an executive branch entity, other than the division or the Division of Finance, may not create a full-time equivalent position or part-time position, or request an appropriation to fund a full-time equivalent position or part-time position for the purpose of providing payroll services to the entity.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 4 - Payroll › Section 403 - Employee cost disclosure.

Effective 7/1/2021
63A-17-403.
Employee cost disclosure.
The Division of Finance shall, at least annually, plainly disclose to all state employees the costs of compensation and benefits that are paid by the state in dollar figures.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 5 - Hours and Leave › Section 501 - Definitions.

Effective 7/1/2021
63A-17-501.
Definitions.
As used in this part:
(1) "Continuing medical and life insurance benefits" means the state provided policy of medical insurance and the state provided portion of a policy of life insurance, each offered at the same:
(a) benefit level and the same proportion of state/member participation in the total premium costs as an active member as defined in Section 49-11-102; and
(b) coverage level for a member, two person, or family policy as provided to the member at the time of retirement.
(2) "Converted sick leave" means leave that has been converted from unused sick leave in accordance with Section 63A-17-506 which may be used by an employee in the same manner as:
(a) annual leave;
(b) sick leave; or
(c) unused accumulated sick leave after the employee's retirement for the purchase of continuing medical and life insurance benefits under Sections 63A-17-507, 63A-17-508, and 63A-17-804.
Enacted by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 5 - Hours and Leave › Section 503 - Accumulated annual leave -- Conversion to deferred compensation plan.

Effective 7/1/2021
63A-17-503.
Accumulated annual leave -- Conversion to deferred compensation plan.
(1) The division shall implement a program whereby an employee may, upon termination of employment or retirement, elect to convert any unused annual leave into any of the employee's designated deferred compensation accounts that:
(a) are sponsored by the Utah State Retirement Board; and
(b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
(2) Any annual leave converted under Subsection (1) shall be converted into the employee's deferred compensation account at the employee's pay rate at the time of termination or retirement.
(3) No employee may convert hours of accrued annual leave to the extent that any hours so converted would exceed the maximum amount authorized by the Internal Revenue Code for each calendar year.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 5 - Hours and Leave › Section 504 - Accumulated annual leave -- Annual conversion to deferred compensation plan.

Effective 7/1/2021
63A-17-504.
Accumulated annual leave -- Annual conversion to deferred compensation plan.
(1) If the Legislature in an annual appropriations act with accompanying intent language specifically authorizes and fully funds the estimated costs of this use, the division shall implement a program that allows an employee, in the approved calendar year, to elect to convert up to 20 hours of annual leave, in whole hour increments not to exceed $250 in value, into any of the employee's designated deferred compensation accounts that:
(a) are sponsored by the Utah State Retirement Board; and
(b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
(2) Any annual leave converted under Subsection (1) shall be:
(a) converted into the employee's deferred compensation account at the employee's pay rate at the time of conversion; and
(b) calculated in the last pay period of the leave year as determined by the Division of Finance.
(3) An employee may not convert hours of accrued annual leave to the extent that any hours converted would:
(a) exceed the maximum amount authorized by the Internal Revenue Code for the calendar year; or
(b) cause the employee's balance of accumulated annual leave to drop below the maximum accrual limit provided by rule.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 5 - Hours and Leave › Section 505 - Sick leave -- Definitions -- Unused sick days retirement programs -- Rulemaking.

Effective 7/1/2021
63A-17-505.
Sick leave -- Definitions -- Unused sick days retirement programs -- Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules:
(a) for the procedures to implement the provisions of this section through Section 63A-17-508; and
(b) to establish the maximum number of hours of converted sick leave an employee may accrue.
(2) The Division of Finance shall develop and maintain a system of accounting for employee sick leave and converted sick leave as necessary to implement the provisions of this section through Section 63A-17-508.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 5 - Hours and Leave › Section 506 - Converted sick leave.

Effective 7/1/2021
63A-17-506.
Converted sick leave.
Converted sick leave hours that are not used prior to an employee's retirement date shall be used under the:
(1) Unused Sick Leave Retirement Option Program I under Section 63A-17-507 if earned prior to January 1, 2006, unless the transfer is made under Subsection 63A-17-508(1)(c); or
(2) Unused Sick Leave Retirement Option Program II under Section 63A-17-508 if earned on or after January 1, 2006.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 5 - Hours and Leave › Section 508 - Unused Sick Leave Retirement Program II -- Creation -- Remuneration upon eligibility for allowance -- Medical expense account after retirement.

Effective 7/1/2021
63A-17-508.
Unused Sick Leave Retirement Program II -- Creation -- Remuneration upon eligibility for allowance -- Medical expense account after retirement.
(1)
(a) There is created the "Unused Sick Leave Retirement Program II."
(b) An agency shall offer the Unused Sick Leave Retirement Option Program II to an employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah State Retirement and Insurance Benefit Act.
(c) An employee who is participating in the Unused Sick Leave Retirement Program I under Section 63A-17-507 may make a one-time and irrevocable election to transfer all unused sick leave hours which shall include all converted sick leave hours under Section 63A-17-506 for use under the Unused Sick Leave Retirement Program II under this section.
(2)
(a) The Unused Sick Leave Retirement Program II provides that upon becoming eligible to receive a retirement allowance an employee employed by the state between January 1, 2006, and January 3, 2014, shall receive remuneration for the employee's unused accumulated sick leave and converted sick leave accrued between January 1, 2006, and January 3, 2014, in accordance with this section as follows:
(i) subject to federal requirements and limitations, a contribution at the employee's rate of pay at the time of retirement for 25% of the employee's unused accumulated sick leave and converted sick leave shall be transferred directly to the employee's defined contribution plan qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah State Retirement Board; and
(ii) participation in a benefit plan that provides for reimbursement for medical expenses using money deposited at the employee's rate of pay at the time of retirement from remaining unused accumulated sick leave and converted sick leave balances.
(b) If the amount calculated under Subsection (2)(a)(i) exceeds the federal contribution limitations, the amount representing the excess shall be deposited under Subsection (2)(a)(ii).
(c) An employee's rate of pay at the time of retirement for purposes of Subsection (2)(a)(ii) may not be less than the average rate of pay of state employees who retired in the same retirement system under Title 49, Utah State Retirement and Insurance Benefit Act, during the previous calendar year.
(3) The Utah State Retirement Office shall develop and maintain a program to provide a benefit plan that provides for reimbursement for medical expenses under Subsection (2)(a)(ii) with money deposited under Subsection (2)(a)(ii).
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 5 - Hours and Leave › Section 509 - Organ donor leave.

Effective 7/1/2021
63A-17-509.
Organ donor leave.
(1) An employee who serves as a bone marrow donor shall be granted a paid leave of absence of up to seven days that are necessary for the donation and recovery from the donation.
(2) An employee who serves as a donor of a human organ shall be granted a paid leave of absence of up to 30 days that are necessary for the donation and recovery from the donation.
(3) In recognition of National Donate Life Month, 2015, created by Proclamation No. 9248, 80 F.R. 18511 (April 1, 2015), the department shall distribute an electronic message to each employee during the month of April publicizing the leave offered under this section.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 6 - Grievance Provisions › Section 601 - Grievance resolution -- Jurisdiction.

Effective 7/1/2021
63A-17-601.
Grievance resolution -- Jurisdiction.
(1) Employees shall comply with the procedural and jurisdictional requirements of this section, Title 63G, Chapter 4, Administrative Procedures Act, and Chapter 19a, Grievance Procedures, in seeking resolution of grievances.
(2) All grievances based upon a claim or charge of injustice or oppression, including dismissal from employment, resulting from an act, occurrence, commission, or condition shall be governed by Title 67, Chapter 19a, Grievance Procedures, and Title 63G, Chapter 4, Administrative Procedures Act.
(3) All grievances involving classification shall be governed by Section 63A-17-602 and are designated as informal adjudicative proceedings as defined by Title 63G, Chapter 4, Administrative Procedures Act.
(4) All grievances by applicants for positions in state government involving an alleged discriminatory or prohibited employment practice shall be governed by Section 63A-17-603 and Title 63G, Chapter 4, Administrative Procedures Act.
(5) A "grievance" under this chapter is a request for agency action for purposes of Title 63G, Chapter 4, Administrative Procedures Act.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 6 - Grievance Provisions › Section 602 - Position classification grievances -- Scope -- Procedure.

Effective 7/1/2021
63A-17-602.
Position classification grievances -- Scope -- Procedure.
(1)
(a) For the purpose of position classification grievances, the process that culminates in assigning a career service position to an appropriate class specification is a matter of position classification and may be grieved.
(b) The process that culminates in assigning a salary range to the class specification is not a position classification and may not be grieved as a classification grievance.
(2)
(a) Upon receipt of a position classification grievance, the director shall refer the grievance to a classification panel of three or more impartial persons trained in state classification procedures.
(b) The classification panel shall determine whether or not the classification assignment for career service positions was appropriate by applying the statutes, rules, and procedures adopted by the division that were in effect at the time of the classification change.
(c) The classification panel may:
(i) obtain access to previous audits, classification decisions, and reports;
(ii) request new or additional audits by human resource analysts; and
(iii) consider new or additional information.
(d) The classification panel may sustain or modify the original decision and, if applicable, recommend a new classification.
(e) The classification panel shall report the classification panel's recommendation to the director, who shall make the classification decision and notify the grievant.
(3)
(a) Either party may appeal the director's decision to an impartial hearing officer trained in state classification procedures selected through a public bid process by a panel consisting of the following members:
(i) a current or former government employee with experience in human resource management;
(ii) two department executive directors;
(iii) a private sector human resources executive appointed by the governor; and
(iv) a representative of the Utah Public Employees Association.
(b) The successful bid shall serve under contract for no more than three years. At the end of that time, the division shall reissue the bid.
(c) The hearing officer shall review the classification and make the final decision. The final decision is subject to judicial review pursuant to the provisions of Section 63G-4-402.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 6 - Grievance Provisions › Section 603 - Discriminatory/prohibited employment practices grievances -- Procedures.

Effective 7/1/2021
63A-17-603.
Discriminatory/prohibited employment practices grievances -- Procedures.
(1) An applicant for a position in state government, a probationary employee, career service employee, or an exempt employee who alleges a discriminatory or prohibited employment practice as defined in Section 34A-5-106 may submit a written grievance to the department head where the alleged unlawful act occurred.
(2) Within 10 working days after a written grievance is submitted under Subsection (1), the department head shall issue a written response to the grievance stating his decision and the reasons for the decision.
(3) If the department head does not issue a decision within 10 days, or if the grievant is dissatisfied with the decision, the grievant may submit a complaint to the Division of Antidiscrimination and Labor, pursuant to Section 34A-5-107.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 701 - Definitions.

Effective 7/1/2021
63A-17-701.
Definitions.
In addition to the definitions found in Section 63A-17-102, as used in this part:
(1)
(a) "Administrative law judge" means an individual who is employed or contracted by a state agency who:
(i) presides over or conducts formal administrative hearings on behalf of an agency;
(ii) has the power to administer oaths, rule on the admissibility of evidence, take testimony, evaluate evidence, and make determinations of fact; and
(iii) issues written orders, rulings, or final decisions on behalf of an agency.
(b) "Administrative law judge" does not mean:
(i) an individual who reviews an order or ruling of an administrative law judge; or
(ii) the executive director of a state agency.
(2) "Committee" means the Administrative Law Judge Conduct Committee created in Section 63A-17-708.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 702 - Administrative law judges -- Applicability -- Destruction of evidence.

Effective 7/1/2021
63A-17-702.
Administrative law judges -- Applicability -- Destruction of evidence.
(1)
(a) Except as provided in Subsections (1)(b) and (2), the provisions of this part apply to an administrative law judge who conducts formal adjudicative proceedings.
(b) Except as provided in Subsection (2), the provisions of this part do not apply to an administrative law judge who is employed by or contracts with:
(i) the Board of Pardons and Parole;
(ii) the Department of Corrections; or
(iii) the State Tax Commission.
(2) The code of conduct established by the division under Subsection 63A-17-703(4) applies to all administrative law judges.
(3) An administrative law judge who tampers with or destroys evidence submitted to the administrative law judge is subject to the provisions of Section 76-8-510.5. This section does not apply to documents destroyed in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 703 - Rulemaking authority.

Effective 7/1/2021
63A-17-703.
Rulemaking authority.
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(1) establishing minimum performance standards for all administrative law judges;
(2) providing procedures for filing, addressing, and reviewing complaints against administrative law judges;
(3) providing standards for complaints against administrative law judges;
(4) promulgating a code of conduct for all administrative law judges in all state agencies; and
(5) establishing a procedural fairness training program as described in Section 63A-17-709.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 704 - Hiring of administrative law judges.

Effective 7/1/2021
63A-17-704.
Hiring of administrative law judges.
(1) Except as provided in Subsection (6), each administrative law judge hired on or after May 10, 2016, shall be hired in accordance with this section.
(2) If an applicant for an administrative law judge position is selected for an interview in accordance with applicable law and division rule, the agency shall interview the applicant by means of a hiring panel.
(3) The hiring panel described in Subsection (2) shall consist of:
(a) the head of the hiring agency;
(b) the head of another agency, appointed by the director; and
(c) the director.
(4) Each individual described in Subsection (3) may designate another individual to serve on the hiring panel on the individual's behalf.
(5) After the hiring panel completes the interviews for an administrative law judge position:
(a) the hiring panel shall select the top three applicants for the administrative law judge position; and
(b) the head of the hiring agency shall:
(i) consider any opinions or feedback from the other members of the hiring panel with respect to the top three applicants; and
(ii)
(A) hire an applicant from the top three applicants to fill the administrative law judge position; or
(B) decide not to hire any of the top three applicants and restart the hiring process to fill the administrative law judge position.
(6) This section does not apply to an administrative law judge who is appointed by the governor.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 705 - Performance evaluation of administrative law judges.

Effective 7/1/2021
63A-17-705.
Performance evaluation of administrative law judges.
(1) The division shall prepare a performance evaluation for each administrative law judge contracted or employed by a state agency.
(2) The performance evaluation for an administrative law judge shall include:
(a) the results of the administrative law judge's performance evaluations conducted by the employing agency since the administrative law judge's last performance evaluation conducted by the division in accordance with the performance evaluation procedure for the agency;
(b) information from the employing agency concerning the administrative law judge's compliance with minimum performance standards;
(c) the administrative law judge's disciplinary record, if any;
(d) the results of any performance surveys conducted since the administrative law judge's last performance review conducted by the division; and
(e) any other factor that the division considers relevant to evaluating the administrative law judge's performance.
(3) If an administrative law judge fails to meet the minimum performance standards the division shall provide a copy of the performance evaluation and survey to the employing agency.
(4) The division shall conduct performance reviews every four years for administrative law judges contracted or employed by an agency.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 707 - Complaints.

Effective 7/1/2021
63A-17-707.
Complaints.
(1) A complaint against an administrative law judge shall be filed with the division.
(2) Upon receipt of a complaint, the division shall conduct an investigation.
(3) If the division's investigation determines that the complaint is frivolous or without merit, it may dismiss it without further action. A complaint that merely indicates disagreement, without further misconduct, with the administrative law judge's decision shall be treated as without merit.
(4) The contents of all complaints and subsequent investigations are classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 708 - Administrative Law Judge Conduct Committee.

Effective 7/1/2021
63A-17-708.
Administrative Law Judge Conduct Committee.
(1) There is created the Administrative Law Judge Conduct Committee to investigate, review, and hear complaints filed against administrative law judges.
(2) The committee shall be composed of:
(a) the director, or the director's designee, as chair; and
(b) four executive directors, or their designees, of agencies that employ or contract with administrative law judges, to be selected by the director as needed.
(3) The division shall provide staff for the committee as needed.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 709 - Procedure for review of complaint by conduct committee.

Effective 7/1/2021
63A-17-709.
Procedure for review of complaint by conduct committee.
(1) Upon a determination that a complaint requires further action, the director shall select four executive directors or their designees and convene the committee. The executive director of the agency that employs or contracts with the administrative law judge who is the subject of the complaint may not be a member of the committee.
(2) The division shall provide a copy of the complaint, along with the results of the division's investigation, to the committee and the administrative law judge who is the subject of the complaint. If the committee directs, a copy of the complaint and investigation may also be provided to the attorney general.
(3) The committee shall allow an administrative law judge who is the subject of a complaint to appear and speak at any committee meeting, except a closed meeting, during which the committee is deliberating the complaint.
(4) The committee may meet in a closed meeting to discuss a complaint against an administrative law judge by complying with Title 52, Chapter 4, Open and Public Meetings Act.
(5) After deliberation and discussion of the complaint and all information provided, the committee shall provide a report, with a recommendation, to the agency. The recommendation shall include:
(a) a brief description of the complaint and results of the division's investigation;
(b) the committee's findings; and
(c) a recommendation from the committee whether action should be taken against the administrative law judge.
(6) Actions recommended by the committee may include no action, disciplinary action, termination, or any other action an employer may take against an employee.
(7) The record of an individual committee member's vote on recommended actions against an administrative law judge is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 7 - Administrative Law Judges › Section 710 - Required training.

Effective 7/1/2021
63A-17-710.
Required training.
(1) Each year that an administrative law judge receives a performance evaluation conducted by the division under this chapter, the administrative law judge shall complete the procedural fairness training program described in this section.
(2) The division shall establish a procedural fairness training program that includes training on how an administrative law judge's actions and behavior influence others' perceptions of the fairness of the adjudicative process.
(3) The procedural fairness training program shall include discussion of the following elements of procedural fairness:
(a) neutrality, including:
(i) consistent and equal treatment of the individuals who appear before the administrative law judge;
(ii) concern for the individual needs of the individuals who appear before the administrative law judge; and
(iii) unhurried and careful deliberation;
(b) respectful treatment of others; and
(c) providing individuals a voice and opportunity to be heard.
(4) The division may contract with a public or private person to develop or provide the procedural fairness training program.
(5) The division shall ensure that the procedural fairness training program complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 8 - Plans and Programs › Section 801 - Equal employment opportunity plan.

Effective 7/1/2021
63A-17-801.
Equal employment opportunity plan.
(1) In conjunction with the director's duties under Section 63A-17-106, and notwithstanding the general prohibition in Subsection 34A-5-106(3)(c), the director shall prepare an equal employment opportunity plan for state employment consistent with the guidelines provided in federal equal employment opportunity laws and in related federal regulations.
(2) The equal employment opportunity plan required by this section applies only to state career service employees described in Section 63A-17-301.
(3) The Legislature shall review the equal employment opportunity plan required by this section before it may be implemented.
(4) Nothing in this section requires the establishment of hiring quotas or preferential treatment of any identifiable group.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 8 - Plans and Programs › Section 802 - Education benefit plan for law enforcement and correctional officers.

Effective 7/1/2021
63A-17-802.
Education benefit plan for law enforcement and correctional officers.
(1) As used in this section:
(a) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
(b) "Correctional officer" means the same as that term is defined in Section 53-13-104.
(2) The director shall establish a plan authorizing any agency to implement an educational compensation program for law enforcement officers and correctional officers employed by that agency.
(3) The program shall provide that in order for a law enforcement officer or correctional officer to qualify for education benefits for college or university education, the law enforcement officer or correctional officer shall:
(a) provide a certified transcript of grades, demonstrating a grade point average of 3.0 or greater, from an accredited college or university; and
(b) have successfully completed the probationary employment period with the employing agency.
(4) The program shall also provide that the agency may consider a law enforcement officer or correctional officer to receive additional compensation as follows for higher education degrees earned on or after April 30, 2001, in a subject area directly related to the law enforcement officer's or correctional officer's employment with the agency:
(a) 5.5% for an associate's degree;
(b) 5.5% for a bachelor's degree; and
(c) 5.5% for a master's degree.
(5) Expenses incurred by an agency to provide additional compensation under this section may be only from the agency's existing budget.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 8 - Plans and Programs › Section 803 - Creation of Flexible Benefit Program -- Rulemaking power granted to establish program.

Effective 7/1/2021
63A-17-803.
Creation of Flexible Benefit Program -- Rulemaking power granted to establish program.
(1) The division shall establish for calendar year 1990 and thereafter a Flexible Benefit Program under Section 125 of the Internal Revenue Code of 1986.
(2) The division shall establish accounts for all employees eligible for benefits which meet the nondiscrimination requirements of the Internal Revenue Code of 1986.
(3)
(a) Each account established under this section shall include employee paid premiums for health and dental services.
(b) The account may also include, at the option of the employee, out-of-pocket employee medical and dependent care expenses.
(c) Accounts may also include other expenses allowed under the Internal Revenue Code of 1986.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to implement the program established under this section.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 8 - Plans and Programs › Section 804 - Continuation of Insurance Benefits Program -- Creation -- Coverage following death in the line of duty.

Effective 7/1/2021
63A-17-804.
Continuation of Insurance Benefits Program -- Creation -- Coverage following death in the line of duty.
(1) There is created the "Continuation of Insurance Benefits Program" to provide a continuation of insurance to the surviving spouse and family of any state employee whose death occurs in the line of duty.
(2) The insurance coverage shall be the same coverage as provided under Section 49-20-406.
(3) The program provides that unused accumulated sick leave of a deceased employee may be used for additional medical coverage in the same manner as provided under Section 63A-17-507 or 63A-17-508 as applicable.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 8 - Plans and Programs › Section 806 - Definitions -- Infant at Work Pilot Program -- Administration -- Report.

Effective 5/3/2023
63A-17-806.
Definitions -- Infant at Work Pilot Program -- Administration -- Report.
(1) As used in this section:
(a) "Eligible employee" means an employee who has been employed by the Department of Health and Human Services for a minimum of:
(i) 12 consecutive months; and
(ii) 1,250 hours, excluding paid time off during the 12-month period immediately preceding the day on which the employee applies for participation in the program.
(b) "Infant" means a baby that is at least six weeks of age and no more than six months of age.
(c) "Parent" means:
(i) a biological or adoptive parent of an infant; or
(ii) an individual who has an infant placed in the individual's foster care by the Division of Child and Family Services.
(d) "Program" means the Infant at Work Pilot Program established in this section.
(2) There is created the Infant at Work Pilot Program for eligible employees.
(3) The program shall:
(a) allow an eligible employee to bring the eligible employee's infant to work subject to the provisions of this section;
(b) be administered by the division; and
(c) be implemented for a minimum of one year.
(4) The division shall establish an application process for eligible employees of the Department of Health and Human Services to apply to the program that includes:
(a) a process for evaluating whether an eligible employee's work environment is appropriate for an infant;
(b) guidelines for infant health and safety; and
(c) guidelines regarding an eligible employee's initial and ongoing participation in the program.
(5) If the division approves the eligible employee for participation in the program, the eligible employee shall have the sole responsibility for the care and safety of the infant at the workplace.
(6) The division may not require the Department of Health and Human Services to designate or set aside space for an eligible employee's infant other than the eligible employee's existing work space.
(7) The division, in consultation with the Department of Health and Human Services, shall make rules that the department determines necessary to establish the program in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) On or before June 30, 2025, the division, in consultation with the Department of Health and Human Services, shall submit a written report to the Business and Labor Interim Committee that describes the efficacy of the program, including any recommendations for additional legislative action.
Amended by Chapter 329, 2023 General Session
Amended by Chapter 530, 2023 General Session