Section R477-2-5 - RecordsTitle 63G, Chapter 2, Government Records Access and Management Act (GRAMA) and applicable federal laws govern access to and privacy of personnel records maintained by DHRM. DHRM shall designate and classify any records and record series it maintains under the GRAMA statute.
(1) DHRM shall maintain an electronic record for each employee that contains the following, as appropriate: (a) Social Security number, date of birth, home address, and private phone number;(b) performance records; and(c) records of actions affecting employee salary history, classification history, title and salary range, employment status, and other personal data.(2) Personally identifiable information in Subsection (1)(a) is classified as private under GRAMA. An agency may have access to this information and shall maintain the privacy of the information.(3) DHRM shall maintain, on behalf of agencies, personnel files.(4) DHRM shall maintain, on behalf of agencies, a confidential medical file. Confidentiality shall be maintained in accordance with applicable regulations. Information in the medical file is private, controlled, or exempt in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.(5) An employee has the right to review the employee's personnel file, upon request, in the presence of a DHRM representative. An employee may request corrections, amendments to, or challenge any information in the employee's electronic or hard copy personnel record by sending a written request to management.(6) Management shall remove from the employee's personnel file all forms, documents, and records pertaining to a disciplinary action when that action is rescinded or otherwise vacated by proper authority.(7) DHRM shall retain records according to the applicable record retention schedule.(8) The former agency shall transfer the employee's personnel file, medical, and I-9 records to the new agency when an employee transfers from one agency to another.(9) An employee who violates confidentiality is subject to disciplinary action and may be personally liable.(10) Records related to conduct for which an employee may be disciplined under Subsection R477-11-1(1) are classified as private records under Subsection 63G-2-302(2)(a).(11) If disciplinary action under Subsection R477-11-1(4) has been sustained and all time periods for administrative appeal have expired, the documents issued in the disciplinary process are classified as public records under Subsection 63G-2-301(3)(o).Utah Admin. Code R477-2-5
Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017Amended by Utah State Bulletin Number 2017-18, effective 8/30/2017Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022