WSR 97-10-089



[Filed May 7, 1997, 9:44 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 251-12-270, 251-12-600, and 251-20-020.

Purpose: These rules pertain to notice requirements to superior court, remedial action, and employee performance evaluation forms.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: The revisions are for clarification and are housekeeping in nature.

Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules pertain to notice requirements for superior court, remedial action, and employee performance evaluation forms. The repeal of WAC 251-12-270 is necessary to remove duplicative language of the statute of the Higher Education Personnel Board, which was repealed. The revisions to WAC 251-12-600 and 251-20-020 are housekeeping as a result of the repeal of the statute of the Higher Education Personnel Board.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on June 12, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by June 5, 1997, TDD (360) 753-4107, or (360) 586-0509.

Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, FAX (360) 586-4694, by June 10, 1997.

Date of Intended Adoption: June 12, 1997.

May 5, 1997

Dennis Karras



The following section of the Washington Administrative Code is repealed:

WAC 251-12-270 Superior court appeals--Grounds--Notice requirements.

AMENDATORY SECTION (Amending WSR 90-01-007, filed 12/7/89, effective 1/7/90)

WAC 251-12-600 Remedial action. (1) The director may take remedial action when it is determined that the following conditions exist.

(a) The hiring institution has made an appointment that does not comply with higher education personnel board rules.

(b) The employee has worked in one or more positions for more than one thousand fifty hours in any twelve consecutive month period since the original hire date or October 1, 1989, whichever is later. (These hours do not include overtime or work time as described in WAC 251-04-040(2).)

(c) The position or positions are subject to civil service.

(d) The employee has not taken part in any willful failure to comply with these rules.

(2) Remedial action includes the power to confer permanent status, set salary, establish seniority, and determine benefits accrued from the seniority date. Remedial action also includes other actions the director may require to meet the highest personnel standards.

(3) If the institution has complied with WAC 251-19-122, the employee must:

(a) Submit any request for remedial action in writing; and

(b) File the request within thirty calendar days after the effective date of the alleged violation of the conditions of employment which are to be specified in the written notification of temporary appointment.

(4) The director's order for remedial action shall be final and binding unless exceptions are filed with the personnel appeals board within thirty calendar days of the date of service of the order. Exceptions must state the specific items of the order to which exception is taken. The personnel appeals board will review the exceptions and may hold a hearing prior to modifying or affirming the director's order.

[Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, 251-12-600, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), 251-12-600, filed 6/21/89, effective 10/1/89; 88-22-057 (Order 174), 251-12-600, filed 11/1/88; 81-24-019 (Order 92) 251-12-600, filed 11/24/81, effective 1/1/82; 79-03-029 (Order 71), 251-12-600, filed 2/27/79, effective 4/2/79; Order 61, 251-12-600, filed 8/30/77, effective 10/1/77.]

AMENDATORY SECTION (Amending WSR 84-16-067 (Order 119), filed 7/31/84)

WAC 251-20-020 Employee performance evaluation--Forms. (1) Standardized performance evaluation forms approved by the ((board)) director shall be used to record employee evaluations. The forms shall contain standard "rating factors" and shall provide for one or more "optional factors" developed by the institution, which reflect organizational requirements and specific job-related aspects of performance.

(2) The approved forms shall accommodate the provisions of WAC 251-20-040.

(3) The approved forms may be supplemented with other forms and/or information used by an institution to support the ratings recorded on the approved forms.

[Statutory Authority: RCW 28B.16.100. 84-16-067 (Order 119), 251-20-020, filed 7/31/84; 78-06-068 (Order 68), 251-20-020, filed 5/25/78, effective 7/1/78.]

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