1. (1) As used in this section, "upper management" means a deputy director or other Schedule AD, AR, or AS employee of the department, as defined in Section 63A-17-301.

2. (2)

   1. (a) Subject to this title, including the requirements of Chapter 1, Part 3, Qualifications and Background, the director may prescribe the qualifications of a department employee.
   2. (b) The director may hire an employee who is upper management only with the approval of four commissioners voting in an open meeting.
   3. (c) Except as provided in Section 32B-1-303, the director may dismiss an employee who is upper management after consultation with the chair of the commission.

3. (3)

   1. (a) A person who seeks employment with the department shall file with the department an application under oath or affirmation in a form prescribed by the commission.

   2. (b) Upon receiving an application, the department shall determine whether the individual is:

      1. (i) of good moral character; and
      2. (ii) qualified for the position sought.
   3. (c) The department shall select an individual for employment or advancement with the department in accordance with Title 63A, Chapter 17, Utah State Personnel Management Act.

4. (4) The following are not considered a department employee:

   1. (a) a package agent;
   2. (b) a licensee;
   3. (c) a staff member of a package agent; or
   4. (d) staff of a licensee.

5. (5) The department may not employ a minor to:

   1. (a) work in:

      1. (i) a state store; or
      2. (ii) a department warehouse; or
   2. (b) engage in an activity involving the handling of an alcoholic product.

6. (6) The department shall ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:

   1. (a) under this title;
   2. (b) by the department; or
   3. (c) by an agency or division within the department.

Amended by Chapter 39, 2026 General Session