1. (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. (2) An agency head may initiate a dismissal or demotion of a career service employee from a career service position as follows:

   1. (a) the agency head or designee notifies the employee in writing of the reason for the proposed dismissal or demotion;
   2. (b) the agency head or designee grants the employee five working days to submit a written reply;
   3. (c) the agency head considers any timely reply submitted by the employee before imposing discipline; and

   4. (d) the agency head provides the employee an opportunity to be heard by the agency head or designee;

      1. (i) This meeting is limited to the specific reasons raised in the notice of intent to demote or dismiss.
      2. (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.
      3. (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. (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.

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.

KEY: discipline of employees, dismissal of employees, grievances, government hearings

Date of Last Change: July 3, 2024

Notice of Continuation: March 9, 2022

Authorizing, and Implemented or Interpreted Law: 63A-17-106; 63A-17-306; 63G-2-3