2015 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 2 - Alcoholic Beverage Control Administration Act
Part 2 - Organization and Operations of Commission and Department
Section 207 - Department employees -- Requirements.

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