WSR 97-22-060

PROPOSED RULES

PERSONNEL RESOURCES BOARD

[Filed November 3, 1997, 1:53 p.m.]

Original Notice.

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

Title of Rule: WAC 251-19-105 Accommodation due to disability.

Purpose: This rule pertains to accommodation due to disability.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification is to clarify the existing rule and to be in compliance with the federal ADA law.

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: This rule describes the definition pertaining to accommodation due to disability. This rule requires each institution/related board to develop and disseminate a procedure regarding reasonable accommodation of employees with disabilities in accordance with state and federal laws. The institution/related board shall be responsible for notifying the employee of steps to be followed should the employee request accommodation. This modification is to clarify the existing rule and to be in compliance with the federal ADA law.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 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 December 11, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by December 4, 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 December 9, 1997.

Date of Intended Adoption: December 11, 1997.

November 3, 1997

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 96-05-026, filed 2/13/96, effective 4/1/96)

WAC 251-19-105 Accommodation due to disability. Each institution/related board shall develop and disseminate a procedure regarding reasonable accommodation of employees with disabilities in accordance with state and federal laws. In addition, the institution/related board shall be responsible for notifying the employee of steps to be followed should the employee request accommodation ((for essential job functions)). A copy of the procedure shall be provided to the employee. The institution/related board shall follow state and federal laws when considering and providing reasonable accommodations for employees with disabilities. Appointments of qualified individuals with disabilities as a reasonable accommodation in conformance with state and federal laws are not subject to other provisions of WAC 251-18 and 251-19.

[Statutory Authority: RCW 41.06.150. 96-05-026, 251-19-105, filed 2/13/96, effective 4/1/96. Statutory Authority: RCW 28B.16.100. 89-13-075 (Order 180), 251-19-105, filed 6/21/89, effective 8/1/89.]

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