Department employees -- Requirements.

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  • (1) "Upper management" means the director, a deputy director, or other Schedule AD, AR, or AS employee of the department, as defined in Section 63A-17-301, except for the director of internal audits and auditors hired by the director of internal audits under Section 32B-2-302.5.
  • (2)
    • (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.
    • (b) The director may hire an employee who is upper management only with the approval of four commissioners voting in an open meeting.
    • (c) Except as provided in Section 32B-1-303, the executive director may dismiss an employee who is upper management after consultation with the chair of the commission.
  • (3)
    • (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.
    • (b) Upon receiving an application, the department shall determine whether the individual is:
      • (i) of good moral character; and
      • (ii) qualified for the position sought.
    • (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) The following are not considered a department employee:
    • (a) a package agent;
    • (b) a licensee;
    • (c) a staff member of a package agent; or
    • (d) staff of a licensee.
  • (5) The department may not employ a minor to:
    • (a) work in:
      • (i) a state store; or
      • (ii) a department warehouse; or
    • (b) engage in an activity involving the handling of an alcoholic product.
  • (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:
    • (a) under this title;
    • (b) by the department; or
    • (c) by an agency or division within the department.




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