§ 32B-2-207. Department employees -- Requirements.

(1) "Upper management" means the director, a deputy director, or other Schedule AD, AR, or AS employee of the department, as defined in Section 67-19-15, 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 67, Chapter 19, 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.

Amended by Chapter 365, 2012 General Session