Utah Code § 17-76-311

Vacancies -- Positions requiring special qualifications -- Competition suspended
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-- Promotion -- Promotion register.
(1) When there is a vacancy in a position requiring peculiar and exceptional qualifications of
a scientific, professional, or expert character, the commission may, after a public hearing
and unanimous vote by the commission, suspend competition regarding the position upon
satisfactory evidence that:
(a) competitive hiring is impracticable; and
(b) the position can best be filled by the selection of an individual of recognized attainments.
(2) The commission shall report a suspension under Subsection (1) in the commission minutes,
together with the reason for suspension.
(3) With the exception of an appointment made in accordance with a commission rule adopted
under Subsection 17-76-305(1)(b)(i)(H), a department shall fill a supervisor vacancy in the merit
system classification by promotion insofar as possible.
(4)
(a) A department shall make a promotion only after an open competitive examination, admission
to which shall be limited to merit system officers.
(b) A promotion examination process described in Subsection (4)(a) shall include consideration
of the seniority and competence of the merit system officer to perform the duties required in
the position for which application is made.
(c) The seniority element of the promotion examination may not exceed 40% of the entire
examination score.
(5)

(a) After a promotional examination, the commission shall prepare a promotional eligible
appointment register that shall take precedence over any previously existing eligible
appointment register.
(b) The certified promotional eligible appointment register shall consist of three names for the
initial vacancy and one more name for each additional vacancy, ranked in the order of the
examination score, beginning with the highest scoring applicant.
Renumbered and Amended by Chapter 14, 2025 Special Session 1

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