Utah Admin. Code R477-11-3 - Discretionary Factors
When deciding the specific type and severity of agency action, the agency head or representative may consider the following factors:
(1) consistent application of rules and standards;
(a) the agency head or representative need only
consider those cases decided under the administration of the current agency head
because decisions in cases before the administration of the current agency head are
not binding upon the current agency head and are not relevant in determining
consistent application of rules and standards;
(b) in determining consistent application of rules
and standards, the disciplinary actions imposed by one agency may not be binding
upon any other agency and may not be used for comparison purposes in hearings
wherein the consistent application of rules and standards is at
issue;
(2) prior knowledge of
rules and standards;
(3) the severity of
the infraction;
(4) the repeated nature
of violations;
(5) prior disciplinary
actions or performance improvement efforts;
(6) previous oral warnings, written warnings, and
discussions;
(7) the employee's past
work record;
(8) the potential of the
violations for causing damage to persons or property;
(9) the strength of the evidence of
conduct;
(10) dishonesty or failing to
disclose relevant information;
(11) the
effect on agency operations, including:
(a) how the
wrongdoing relates to the employee's job duties;
(b) the potential of the conduct to adversely
affect public confidence in the agency;
(c) the potential of the conduct to adversely
affect morale and effectiveness of the agency;
(12) willful or intentional conduct; or
(13) likelihood of recurrence.
Notes
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