Utah Admin. Code R477-11-2 - Dismissal or Demotion
Management may dismiss or demote an employee for cause under Subsection R477-10-2(2)(e) and Section R477-11-1, and through the process outlined in this rule.
(1) Management
may dismiss or demote a probationary employee or career service exempt employee
for any or for no reason without right of appeal, except under Sections
67-21-3.5 and 67-19a-402.5.
(2) An
agency head may initiate a dismissal or demotion of a career service employee
from a career service position as follows:
(a)
the agency head or designee notifies the employee in writing of the reason for
the proposed dismissal or demotion;
(b) the agency head or designee grants the
employee five working days to submit a written reply;
(c) the agency head considers any timely
reply submitted by the employee before imposing discipline; and
(d) the agency head provides the employee an
opportunity to be heard by the agency head or designee;
(i) This meeting is limited to the specific
reasons raised in the notice of intent to demote or dismiss.
(ii) At the meeting, the employee may
present, either in person, in writing, or with a representative, comments or
reasons as to why the proposed disciplinary action should not be taken. The
agency head or designee is not required to receive or allow other witnesses on
behalf of the employee.
(iii) The
employee may present documents, affidavits, or other written materials at the
meeting. However, the employee is not entitled to present or discover documents
within the possession or control of the department or agency that are private,
protected, or controlled under Section 63G-2-3.
(3) After complying with Subsection (2), the
agency head may dismiss or demote the employee upon a finding of adequate cause
or reason. The agency head notifies the employee in writing of the decision and
the reasons for the decision.
Notes
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