Notice of Proposed Rule
RULE NO.: RULE TITLE:
33-208.002
Rules of Conduct
PURPOSE AND EFFECT: The purpose and effect of the
proposed rule is to alter the time period in which an employee must make a written
report regarding a criminal charge or arrest or knowledge of any violation of
law or rules. The time period is shortened from 3 calendar days to 24 hours or
upon reporting to the next assigned shift, whichever is sooner.
SUMMARY: The time period in which an employee must
make a written report regarding a criminal charge or arrest or knowledge of any
violation of law or rules is shortened from 3 calendar days to 24 hours or upon
reporting to the next assigned shift, whichever is sooner.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of
Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding
a statement of estimated regulatory costs, or provide a proposal for a lower
cost regulatory alternative must do so in writing within 21 days of this
notice.
SPECIFIC AUTHORITY: 944.09
FS.
LAW IMPLEMENTED: 944.09
FS., 944.14 FS., 944.35
FS., 944.36 FS., 944.37
FS., 944.38 FS., 944.39
FS., 944.47 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE
IS: Perri King Dale, Office of the General Counsel, Department of Corrections,
THE FULL TEXT OF THE PROPOSED RULE IS:
33-208.002 Rules of Conduct.
The
Department of Corrections requires all employees to familiarize themselves with
all rules and regulations pertaining to their positions and duties, and that
employees abide by these rules and regulations. The following rules of conduct
and performance standards are applicable both on and off the job to all
Department of Corrections employees. Some of these rules of conduct are found
again in abbreviated form in the next section titled "Range of Disciplinary
Actions," however, all rules of conduct are enforceable by appropriate
disciplinary action regardless of whether they are listed in the range of
disciplinary actions.
(1) No change.
(2)(a) Each employee shall make a full written report of
any of the following within 24 hours or upon reporting to work for his
next assigned shift, whichever is sooner 3 calendar days of any:
1. Criminal charge filed against him or
2. Arrest or receipt of a Notice to Appear for
violation of any criminal law involving a misdemeanor or felony, or ordinance
except minor violations for which the fine or bond forfeiture is $200 or less.
3. Knowledge of any violation of the law, rules,
directives or procedures of the Department.
(b) This report shall be submitted to the warden,
regional director or circuit administrator; in central office this report shall
be submitted to the employee’s bureau chief or director.
(3) through (26) No change.
Specific
Authority 20.315, 944.09, FS. Law Implemented 944.09, 944.14, 944.35,
944.36, 944.37, 944.38, 944.39, 944.47, FS. History–New 10-8-76, Amended
10-11-77, 4-19-79, 6-18-83, Formerly 33-4.02, Amended 8-15-89, 10-20-90,
3-20-91, 1-30-96, 3-24-97, 4-19-98, Formerly 33-4.002, Amended 7-17-02, 4-5-04,
________.
NAME OF PERSON ORIGINATING PROPOSED RULE: Ralph
Kiessig, Deputy Assistant Secretary of Human Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED
RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD:
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN
FAW: