WSR 98-19-034

PERMANENT RULES

PERSONNEL RESOURCES BOARD

[Filed September 10, 1998, 3:44 p.m., effective October 12, 1998]



Date of Adoption: September 10, 1998.

Purpose: These rules are housekeeping in nature and were needed to be in alignment with state statutes as a result of the merger of the higher education personnel system under the jurisdiction of the Washington Personnel Resources Board.

Citation of Existing Rules Affected by this Order: Repealing WAC 356-06-060 Personnel board--Composition--Appointment, 356-06-070 Personnel board--Procedure--Quorum, 356-06-090 Director--Appointment--Removal, 356-14-015 Salary and fringe benefit surveys--Requirements, 356-14-021 Salary and fringe benefit survey plans--Intentions--Content, and 356-14-035 Compensation plan submittal--Intentions--Content; and new WAC 356-05-178 Higher education system or higher education rules, 356-05-198 Institutions of higher education, and 356-05-358 Related boards; and amending 356-05-055 Board, 356-05-210 Law enforcement personnel, 356-05-375 Scheduling plan, 356-05-390 Seniority, 356-05-477 Washington general service, 356-06-003 Scope, 356-06-020 Exemptions, 356-06-040 Classified service, 356-06-050 Exempt service, 356-06-080 Powers--Duties of the board, 356-06-100 Director--Powers--Duties, 356-06-110 Federal preemption--Fair Labor Standards Act, 356-06-120 Americans with Disabilities Act of 1990--Federal and state preemption, 356-07-030 Description and location of departmental organization, 356-07-040 General method of operation, 356-09-040 Affirmative action program--Responsibilities--Department of personnel, 356-10-020 Classification plan--Revision, 356-10-045 Employee appointment status--Lateral reallocation, 356-10-050 Employee appointment status--Upward reallocation, 356-10-060 Allocation--Request for review, 356-14-010 Compensation plan--General provisions, 356-14-026 Salary surveys--Application--Indexing, 356-14-031 Compensation plan--Adoption, 356-14-045 Salaries--Comparable worth, 356-14-070 Salary--Limits, 356-15-020 Work period designations, 356-15-130 Special pay ranges, 356-15-125 Assignment pay provisions, 356-18-050 Sick leave credit--Purpose--Accrual--Conversion, 356-22-180 Examination--Oral examining panel, 356-22-220 Veterans preference in examinations, 356-22-230 Examinations--Noncompetitive, 356-26-030 Register designation, 356-26-040 Registers--Name removal for cause--Grounds enumerated--Requirements, 356-30-143 Intergovernmental mobility, 356-30-260 Probationary period--Provisions--Status of employee, 356-30-320 Trial service--Reversion--Status, 356-34-090 Protests--Requirements for applicants, examinees, and eligibles, 356-34-100 Agency hearings--General provisions, 356-34-260 Appeals--Correction of rating, 356-37-010 Board hearings--Procedure--Record, 356-37-020 Prehearing procedures--Exhibits, 356-37-030 Filing of prehearing statements, 356-37-040 Scheduling of hearings, 356-37-070 Ethical conduct before the board, 356-37-080 Service of process, 356-37-130 Quashing, 356-37-140 Orders for discovery, 356-37-150 Proof of charges, 356-37-160 Prehearing conference, 356-39-020 Human resource development--State-wide philosophy/definition, 356-39-060 Human resource development planning, 356-39-080 Review of agencies' human resource development reports, 356-42-010 Membership in employee organization, 356-42-020 Determination of bargaining unit, 356-42-055 Arbitration--Grievance--Procedure, 356-42-080 Unfair labor practice, 356-42-082 Filing unfair labor practice charge, 356-42-083 Investigation of and disposition of unfair labor practice charges, 356-42-084 Answer to complaint--Unfair labor practice, 356-42-085 Amendment of complaint or answer--Unfair labor practice, 356-42-086 Hearing--Unfair labor practice, 356-42-088 Hearings and investigation--Unfair labor practice, 356-42-089 Enforcement--Unfair labor practice, 356-42-100 Impasse arbitration, 356-42-105 Requests for arbitration, 356-46-030 Disclosure of political, religious affiliations--Prohibited, 356-46-060 Agencies--Personnel and payroll records, 356-46-125 Drug testing--Limitations--uses, 356-49-010 Inter-system employment--Purpose, 356-49-020 Application of rules, 356-49-030 Eligibility--Definition, and 356-49-040 Inter-system movement.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 98-15-035 on July 8, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, amended 75, repealed 6.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 3, amended 75, repealed 6.

Effective Date of Rule: October 12, 1998.

September 10, 1998

Dennis Karras

Secretary



AMENDATORY SECTION (Amending WSR 84-17-042 (Order 209), filed 8/10/84)



WAC 356-05-055  Board. The ((state)) Washington personnel resources board.



[Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-055, filed 8/10/84.]



NEW SECTION



WAC 356-05-178  Higher education system or higher education rules. The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW and exclusively under those chapters of Title 251 WAC that are adopted by the board.



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NEW SECTION



WAC 356-05-198  Institutions of higher education. The University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges. For purposes of application of these rules, the term shall be considered to include the various related boards as defined in this section, unless specifically indicated to the contrary.



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AMENDATORY SECTION (Amending WSR 90-03-044 (Order 337), filed 1/16/90, effective 3/1/90)



WAC 356-05-210  Law enforcement personnel. Employees who meet the Fair Labor Standards Act requirements for the section 7(K) special exemption as described and limited by chapter 29, Code of Federal Regulations, sections 553.211 and 553.212, and who are designated as law enforcement work period designation by the ((personnel)) board.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-03-044 (Order 337), 356-05-210, filed 1/16/90, effective 3/1/90. Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), 356-05-210, filed 5/28/86, effective 7/1/86. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-210, filed 8/10/84.]



NEW SECTION



WAC 356-05-358  Related boards. The state board for community and technical colleges; and such other boards, councils, and commissions related to institutions of higher education as may be established.



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AMENDATORY SECTION (Amending WSR 84-17-042 (Order 209), filed 8/10/84)



WAC 356-05-375  Scheduling plan. A series of schedules, approved for specific positions by the director of personnel or the ((personnel)) board, through which schedules the incumbents move in an established pattern.



[Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-375, filed 8/10/84.]



AMENDATORY SECTION (Amending WSR 98-06-012, filed 2/20/98, effective 4/1/98)



WAC 356-05-390  Seniority. A measure of the last period of unbroken time served in positions in the classified service under the jurisdiction of the ((personnel resources)) board or the director. Service in positions brought under the jurisdiction of the ((personnel resources)) board or the director by statute is counted as though it had previously been under the jurisdiction of the ((personnel resources)) board. Leaves of absence granted by agencies and separations due to reduction in force are not considered a break in service. Time spent on leaves of absence without pay is not credited unless it is approved for the reasons cited in WAC 356-18-220(2), or statutes require it be credited. Time spent off the state payroll due to reduction in force will be credited for that period of time the employee is eligible to be placed on the reduction in force register, for a maximum of three years for each reduction in force occurrence. Time spent in exempt appointments listed in RCW 41.06.070 will be credited and the service will not be regarded as broken when employees return from exempt service in accordance to RCW 41.06.070(26), WAC 356-06-055 and 356-30-330. Time spent under the jurisdiction of the higher education personnel rules will be added when the employee comes under the jurisdiction of the ((personnel resources)) board through the provisions of WAC 356-49-040. The length of active military service of a veteran, not to exceed five years, shall be added to the state service for such veteran or the deceased veteran's spouse as defined in WAC 356-05-470.



[Statutory Authority: RCW 41.06.150. 98-06-012, 356-05-390, filed 2/20/98, effective 4/1/98; 89-16-030 (Order 327), 356-05-390, filed 7/25/89, effective 9/1/89; 87-02-038 (Order 267), 356-05-390, filed 1/2/87; 85-21-113 (Order 237), 356-05-390, filed 10/23/85, effective 12/1/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-390, filed 8/10/84.]



AMENDATORY SECTION (Amending WSR 94-04-011, filed 1/21/94, effective 3/1/94)



WAC 356-05-477  Washington general service. The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW and exclusively under those chapters of Title 356 WAC that are adopted by the ((Washington personnel resources)) board.



[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-04-011, 356-05-477, filed 1/21/94, effective 3/1/94.]



AMENDATORY SECTION (Amending WSR 93-19-147 (Order 432), filed 9/22/93, effective 10/23/93)



WAC 356-06-003  Scope. The provisions of these rules shall apply to all personnel under the jurisdiction of chapter 41.06 RCW except those exempted under the provisions of WAC 356-06-020. These rules and the compensation and classification plans adopted hereunder shall continue to apply as before and shall not be used interchangeably with those adopted under the former higher education civil service law (chapter 28B.16 RCW). Further, these rules and compensation and classification plans shall continue to apply as before until such time as the ((Washington personnel resources)) board has had adequate time to review and consider changes to the existing rules and plans.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-06-003, filed 9/22/93, effective 10/23/93.]



AMENDATORY SECTION (Amending WSR 95-19-054, filed 9/15/95, effective 10/16/95)



WAC 356-06-020  Exemptions--((Exceptions)). ((With the exceptions noted in subsection (19) of this section the provisions of these rules do not apply to:

(1) Members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature.

(2) Judges of the supreme court, of the superior courts or of the inferior courts or to any employee of, or position in the judicial branch of, state government.

(3) Officers, academic personnel and employees of state institutions of higher education, the state board for community college education, and the higher education personnel board.

(4) Employees of the state printing office.

(5) The officers of the Washington state patrol.

(6) Elective officers of the state.

(7) The chief executive officer of each agency.

(8) In the departments of employment security and fisheries, the director and the director's confidential secretary.

(9) In the department of social and health services, the secretary, the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors and one confidential secretary for each of the above named officers; not to exceed six bureau directors and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents: Provided, That each such confidential secretary must meet the minimum qualifications for the class of secretary 2 as determined by the state personnel board.

(10) In all departments except those mentioned in subsection (8) above, the executive head of which is appointed by the governor, the director, the director's confidential secretary, and the statutory assistant directors.

(11) In the case of a multimember board, commission or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or otherwise chosen.

(a) All members of such boards, commissions or committees.

(b) If the members of the board, commission or committee serve on a part-time basis and there is a statutory executive officer:

(i) The secretary of the board, commission or committee.

(ii) The chief executive officer of the board, commission or committee.

(iii) The confidential secretary of the chief executive officer of the board, commission or committee.

(c) If the members of the board, commission or committee serve on a full-time basis:

(i) The chief executive officer or administrative officer as designated by the board, commission or committee.

(ii) The confidential secretary to the chairman of the board, commission or committee.

(d) If all members of the board, commission or committee serve ex officio:

(i) The chief executive officer.

(ii) The confidential secretary of such chief executive officer.

(12) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state.

(13) Assistant attorneys general.

(14) Commissioned and enlisted personnel in the military service of the state.

(15) Resident, student, part-time or temporary employees, and part-time professional consultants as defined by the state personnel board to include:

(a) State and local officials serving ex officio and performing incidental administrative duties in the programs of the agency.

(b) Part-time local health officers.

(c) Persons employed on a part-time, or temporary basis for medical, nursing or other professional service and who are not engaged in the performance of administrative duties.

(d) Part-time or temporary employees who are enrolled as full-time students in recognized educational institutions and whose employment is largely to provide training opportunity, and all temporary employees not in federal grant-in-aid programs.

(e) Patient and resident help in the covered institutions.

(f) Skilled and unskilled labor employed temporarily on force account; construction and maintenance projects; or employed on temporary seasonal single phases of agricultural production or harvesting; or as determined by the director of personnel to be equivalent.

(g) Washington state patrol trooper cadets in training for commissioning as troopers in the Washington state patrol.

(16) All officers and employees in those commissions made exempt by legislative action, namely:

(a) Washington state fruit commission.

(b) Washington state apple commission.

(c) Washington state dairy products commission.

(d) Washington state wheat commission.

(e) Officers and employees of any commission formed under the provisions of chapter 15.66 RCW.

(f) Agricultural commissions formed under the provisions of chapter 15.65 RCW.

(17) Up to a total of five senior staff positions of the Western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit.

(18) In the department of information services, up to twelve positions in the planning component involved in policy development and/or senior professionals.

(19) Up to five employees of the Washington basic health plan.

(20) Executive assistants, for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law.

(21) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency head.

(22) In addition to the exemptions specifically provided by this chapter, the state personnel board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the personnel board stating the reasons for requesting such exemptions. The personnel board shall hold a public hearing after proper notice, on requests submitted pursuant to this subsection. If the personnel board determines that the position for which exempting is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the personnel board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred eighty-seven for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state personnel board shall report to each regular session of the legislature all exemptions granted under this subsection and subsections (20) and (21) of this section, together with the reasons for such exemptions.

(23) While other provisions of these rules do not apply, the personnel board shall determine salaries and fringe benefits of incumbents in all exempt positions in agencies with positions under the jurisdiction of the personnel board, other than positions listed under subsections (5) through (8), (11)(a) and (b), and (12) through (16) of this section.))

(1) The provisions of this chapter do not apply to positions specifically exempted in statute and to the following:

(a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;

(b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

(c) Officers, academic personnel, employees of technical colleges, and state institutions of higher education, and the state board for community and technical colleges;

(d) The officers of the Washington state patrol;

(e) Elective officers of the state;

(f) The chief executive officer of each agency;

(g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

(h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

(i) All members of such boards, commissions, or committees;

(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;

(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

(j) Assistant attorneys general;

(k) Commissioned and enlisted personnel in the military service of the state;

(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the board;

(i) State and local officials serving ex officio and performing incidental administrative duties in the programs of the agency.

(ii) Part-time local health officers.

(iii) Persons employed on a part-time, or temporary basis for medical, nursing or other professional service and who are not engaged in the performance of administrative duties.

(iv) Part-time or temporary employees who are enrolled as full-time students in recognized educational institutions and whose employment is largely to provide training opportunity, and all temporary employees not in federal grant-in-aid programs.

(v) Patient and resident help in the covered institutions.

(vi) Skilled and unskilled labor employed temporarily on force account; construction and maintenance projects; or employed on temporary seasonal single phases of agricultural production or harvesting; or as determined by the director of personnel to be equivalent.

(vii) Washington state patrol trooper cadets in training for commissioning as troopers in the Washington state patrol.

(m) The public printer or to any employees of or positions in the state printing plant;

(n) Officers and employees of the Washington state fruit commission;

(o) Officers and employees of the Washington state apple advertising commission;

(p) Officers and employees of the Washington state dairy products commission;

(q) Officers and employees of the Washington tree fruit research commission;

(r) Officers and employees of the Washington state beef commission;

(s) Officers and employees of any commission formed under chapter 15.66 RCW;

(t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;

(u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

(v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

(w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

(x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

(y) All employees of the marine employees' commission;

(z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997;

(aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045 (2)(m);

(2) In addition to the exemptions specifically provided by this chapter, the board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the board stating the reasons for requesting such exemptions. The board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor.

The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v), (y), and (z) of this section, shall be determined by the board. However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.

Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.



[Statutory Authority: RCW 41.06.150. 95-19-054, 356-06-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-12-027 (Order 353), 356-06-020, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 87-24-028 (Order 287), 356-06-020, filed 11/24/87, effective 1/1/88; 85-21-113 (Order 237), 356-06-020, filed 10/23/85, effective 12/1/85; 85-19-078 (Order 230), 356-06-020, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-06-020, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 80-06-032 (Order 143), 356-06-020, filed 5/9/80, effective 6/12/80; 79-12-012 (Order 137), 356-06-020, filed 11/13/79; 78-05-025 (Order 119), 356-06-020, filed 4/14/78; Order 63, 356-06-020, filed 2/26/74; Order 37, 356-06-020, filed 8/17/71, effective 9/17/71; Order 36, 356-06-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-020.]



Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



AMENDATORY SECTION (Amending WSR 80-04-025 (Order 142), filed 3/14/80)



WAC 356-06-040  Classified service. Positions subject to these rules are in the classified service and will be designated by the ((personnel)) board as competitive or noncompetitive.

(1) The competitive service includes positions in classes for which a competitive examination is required prior to appointment.

(2) The noncompetitive service includes those unskilled, seasonal and temporary classes or positions for which the ((personnel)) board has determined ranked registers to be impracticable.

(3) The director of personnel may at any time review the duties and requirements of any class or position to determine the practicality of competitive examinations and after such studies, present to the ((personnel)) board for determination, the proper inclusion or exclusion from the noncompetitive service.

(4) No positions in agencies designated as grant-in-aid, will be included in the noncompetitive service except those positions that need not meet the federal merit system standards or positions which can be placed in the noncompetitive service according to the federal merit system standards.



[Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), 356-06-040, filed 3/14/80; Order 71, 356-06-040, filed 12/30/74; Permanent and Emergency Order 39, 356-06-040, filed 9/15/71; Order 36, 356-06-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-050, 356-04-060, 356-04-070.]



AMENDATORY SECTION (Amending WSR 84-11-091 (Order 204), filed 5/23/84, effective 9/1/84)



WAC 356-06-050  Exempt service. The exempt service includes only the positions and agencies, officers and employees listed in WAC 356-06-020 who do not have appeal rights to ((a))- the personnel appeals board when demoted or separated by dismissal or reduction in force. Appointments to any exempt position in branches, departments, or agencies not exempted by statute shall be reported by the director of personnel to the ((personnel)) board and shall include such information as may be required to ascertain that the position is properly included in the exempt service. The director of personnel may at any time study the duties of a position in this service to determine the propriety of its continued inclusion in this service.



[Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), 356-06-050, filed 5/23/84, effective 9/1/84; Order 36, 356-06-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-080.]



Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.



REPEALER



WAC 356-06-060 Personnel board--Composition--Appointment.



REPEALER



WAC 356-06-070 Personnel board--Procedure--Quorum.



AMENDATORY SECTION (Amending WSR 96-11-062, filed 5/10/96, effective 6/6/96)



WAC 356-06-080  ((Personnel board--))Powers--Duties of the board. It shall be the responsibility of the personnel board to:

(1) Establish general policies for the administration of merit system examinations and the hearing of personnel appeals.

(2) Make rules and regulations providing for employee participation in the development and administration of personnel policies.

(3) Hear personnel appeals.

(4) Promote public understanding of the purposes, policies, and practices of the merit system.

(5) Adopt and promulgate rules and regulations consistent with the purposes and provisions of the state civil service law and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(a) The demotion, suspension, reduction in salary or dismissal of an employee and appeals therefrom.

(b) Certification of names for vacancies including departmental promotions.

(c) Examinations for all positions in the competitive and noncompetitive service.

(d) Appointments.

(e) Probationary periods of six to twelve months and rejections therein.

(f) Transfers.

(g) Sick and vacation leaves.

(h) Hours of work.

(i) Layoffs, when necessary, and subsequent reemployment.

(j) Agreements between agencies and certified exclusive representatives providing for grievance procedures and collective negotiations on personnel matters.

(k) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of duties and responsibilities of each position. In adopting these revisions the board shall comply with ((Senate Bill S6767 of 1996)) RCW 41.06.152, RCW 41.06.150(15), and chapter 43.88 RCW.

(l) Allocation and reallocation of positions within the classification plan.

(m) Adoption and revision of a state salary schedule to reflect not less than the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature, with adoption and revision subject to approval by the director of the office of financial management in accordance with the provisions of chapter 43.88 RCW.

(n) Training programs, including in-service, promotional and supervisory.

(o) Regular increments within the series of steps for each pay range, based on length of service for all employees whose standards of performance are such as to permit them to retain job status within the classified service.

(p) Compliance with existing veterans preference statutes.



[Statutory Authority: RCW 41.06.150. 96-11-062, 356-06-080, filed 5/10/96, effective 6/6/96; 95-19-054, 356-06-080, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-06-080, filed 9/22/93, effective 10/23/93; 90-12-022 (Order 348), 356-06-080, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 86-12-036 (Order 251), 356-06-080, filed 5/30/86, effective 7/1/86; 83-13-091 (Order 186), 356-06-080, filed 6/17/83. Statutory Authority: RCW 41.06.150(17). 78-05-025 (Order 119), 356-06-080, filed 4/14/78; Order 75, 356-06-080, filed 3/24/75; Order 36, 356-06-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-110.]



REPEALER



WAC 356-06-090 Director--Appointment--Removal.



AMENDATORY SECTION (Amending WSR 95-19-098, filed 9/20/95, effective 11/1/95)



WAC 356-06-100  Director--Powers--Duties. (1) The director of personnel shall direct and supervise all the department of personnel's administrative and technical activities in accordance with the provisions of the state civil service law and the rules and regulations approved and promulgated thereunder. The director shall prepare proposed rules and regulations for consideration by the board.

(2) The director shall establish a department completely separate from other state agencies and shall select a staff of assistants whose employment shall be subject to the provisions of these rules.

(3) The director shall serve as secretary to the board.

(4) The director may delegate authority to subordinates to act for him or her in carrying out duties duly assigned to the director in merit system rules. Such delegations of authority shall be in writing ((and the board shall be notified of them)).

(5) The director of personnel may delegate to any agency the director's authority to perform administrative and technical personnel activities if such authority is requested. When an agency requests a delegation of the director's authority, the requesting agency shall concurrently send a copy of the request to any affected exclusive representative. After an authority has been delegated, if an employee or the employee's exclusive representative files a written complaint with the director regarding a delegated authority, the director shall conduct a timely investigation. If the director of personnel determines that an agency is not appropriately performing delegated activities, the director may withdraw from the agency the authority to perform such activities.



[Statutory Authority: RCW 41.06.150. 95-19-098, 356-06-100, filed 9/20/95, effective 11/1/95; Order 71, 356-06-100, filed 12/30/74; Order 36, 356-06-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-130.]



AMENDATORY SECTION (Amending WSR 95-03-090, filed 1/18/95, effective 3/1/95)



WAC 356-06-110  Federal preemption--Fair Labor Standards Act. Agencies shall comply with the ((personnel resources)) board rules (Title 356 WAC) unless doing so causes them to violate the Fair Labor Standards Act.



[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 95-03-090, 356-06-110, filed 1/18/95, effective 3/1/95.]



AMENDATORY SECTION (Amending WSR 98-08-024, filed 3/20/98, effective 5/1/98)



WAC 356-06-120  Americans with Disabilities Act of 1990--Federal and state preemption. Agencies shall comply with the ((personnel resources)) board rules (Title 356 WAC) unless doing so would cause them to violate state laws, chapter 49.60 RCW, or the federal Americans with Disabilities Act of 1990.



[Statutory Authority: RCW 41.06.150. 98-08-024, 356-06-120, filed 3/20/98, effective 5/1/98.]



AMENDATORY SECTION (Amending WSR 90-07-056 (Order 341), filed 3/20/90, effective 5/1/90)



WAC 356-07-030  Description and location of departmental organization. (1) The central office of the Department of Personnel is located at 521 Capitol Way S., Olympia, Washington. The staff at this location provides personnel services regarding affirmative action, recruitment, examination, examination development, certification, classification, hearings, compensation, salary surveys, compensation plan administration, research services, special projects, departmental fiscal management, facilities, word processing support.

(((2) The staff is organized in six general areas:

(a) Operations division which provides for recruitment, examination, examination development, classification, hearings, certification, and agency services.

(b) Standards and surveys division which provides for salary surveys, compensation plan administration, research services, and special projects.

(c) Employee development and training division (located at 600 South Franklin Street, Olympia, Washington) which provides consultation on human resource development activities to agencies, training which is interagency in scope, and guidelines for agency planning and evaluation of human resource development.

(d) The employee advisory service offices are at the following locations: 3400 Capitol Boulevard, Olympia, Washington; 613 - 19th Avenue E., Suite 101, Seattle, Washington; and at Suite 604, Northtown Office Building, Spokane, Washington.

(e) Administrative division which provides departmental fiscal management, facilities, word processing support, agency personnel services, affirmative action, and labor relations services.

(f) Information systems division (located at Building #1, Rowesix, Lacey, Washington) which administers the central personnel/payroll and insurance eligibility computer systems.))

(2) The staff located at 600 South Franklin Street, Olympia, Washington, provides labor relations services and appeal hearings, consultation on human resource development activities to agencies, training which is interagency in scope, and guidelines for agency planning and evaluation of human resource development.

(3) The staff at the following locations provides employee advisory services: 3400 Capitol Boulevard, Olympia, Washington; 2825 Eastlake Avenue E., Suite 310, Seattle, Washington; and at 4407 Division, Suite 210, Spokane, Washington.

(4) The staff located at Building #1, Rowesix, Lacey, Washington, administers the central personnel/payroll and insurance eligibility computer systems.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-056 (Order 341), 356-07-030, filed 3/20/90, effective 5/1/90. Statutory Authority: RCW 41.06.150(17). 82-09-022 (Order 169), 356-07-030, filed 4/12/82; 78-05-025 (Order 119), 356-07-030, filed 4/14/78; Order 60, 356-08-030 (codified as WAC 356-07-030), filed 12/13/73.]



AMENDATORY SECTION (Amending WSR 87-02-038 (Order 267), filed 1/2/87)



WAC 356-07-040  General method of operation. (1) The general conduct of agency business is pursuant to the charter established in chapters 41.06 and 41.05 RCW, and Title 356 WAC.

(2) Provisions for all interested parties to participate in formulation of rules governing administration of the law is assured by a twenty-day notice requirement prerequisite to formal ((state personnel)) board action on any jurisdictional matter, except appeals.

(3) Special meetings may be called by the board subject to twenty-four hour notice, as required by law.

(4) Informal work sessions with interested parties are conducted by staff of the department of personnel as necessary to ensure representation from interested parties before proposals are made to the board.

(5) All business of the department of personnel will be conducted in facilities which are accessible and/or in a manner which reasonably accommodates the needs of persons of disability.



[Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), 356-07-040, filed 1/2/87; Order 60, 356-08-040 (codified as WAC 356-07-040), filed 12/13/73.]



AMENDATORY SECTION (Amending WSR 87-02-038 (Order 267), filed 1/2/87)



WAC 356-09-040  Affirmative action program--Responsibilities--Department of personnel. The department of personnel is responsible for administering the state's affirmative action program and providing technical assistance to state agencies in the development and implementation of their affirmative action programs. In keeping with these responsibilities, the department of personnel will accomplish the following:

(1) Publish guidelines that will assist agencies in developing and implementing their affirmative action plan.

(2) Provide agencies with the data required to develop and implement affirmative action goals and timetables.

(3) Review agency affirmative action plans and equal employment opportunity policy statements for compliance with applicable merit system rules and established affirmative action guidelines, and recommend changes as appropriate.

(4) When plans and policy statements are in compliance, recommend them for approval to the governor's affirmative action policy committee.

(5) Monitor for adverse impact on protected group members in the areas of recruitment, testing, appointment, promotion, transfer, termination, formal disciplinary actions, and career development. Records in these areas will be maintained by protected group status.

(6) With the assistance of state agencies, initiate the recruitment of protected group members, including target recruitment when the representation of protected group members on the register is less than their availability.

(7) Monitor items submitted to the ((personnel)) board for possible negative effect on affirmative action.

(8) Monitor protected group participation in agencies' human resource development activities.

(9) Conduct an annual audit to assess agencies' progress in meeting goals and addressing problems identified in their affirmative action program. The audit will be conducted in accordance with the established department of personnel affirmative action program guidelines.



[Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), 356-09-040, filed 1/2/87.]



AMENDATORY SECTION (Amending WSR 96-11-062, filed 5/10/96, effective 6/6/96)



WAC 356-10-020  Classification plan--Revision. The director shall submit proposed revisions to the classification plan to the board for review and approval.

(1) The board shall hold open hearings on the proposals after 20 days' notice to employee organizations and agencies. The board may modify the proposals.

(2) In adopting these revisions the board shall comply with ((Senate Bill S6767 of 1996)) RCW 41.06.152, RCW 41.06.150(15), and chapter 43.88 RCW.



[Statutory Authority: RCW 41.06.150. 96-11-062, 356-10-020, filed 5/10/96, effective 6/6/96; 95-19-054, 356-10-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-10-020, filed 9/22/93, effective 10/23/93; Order 36, 356-10-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-020.]



AMENDATORY SECTION (Amending WSR 84-17-042 (Order 209), filed 8/10/84)



WAC 356-10-045  Employee appointment status--Lateral reallocation. Employees in positions that have been reallocated laterally (to a different classification with the same salary range) are affected as follows:

(1) The employee may elect to retain existing appointment status in a position that is reallocated laterally provided he/she meets the minimum or desirable qualifications as determined by the director of personnel or designee. No further qualifying examination will be required and the employee will retain existing appointment status.

(2) If it is determined the employee does not meet the minimum qualifications for the new classification as provided in subsection (1) of this section and he/she is not transferred, promoted, demoted, or otherwise retained in status within sixty days, the provisions governing reduction in force shall apply.

(3) The employee retains existing appointment status when a position is reallocated laterally based on a revision of a class series, a class series study, or an agency-wide or major subdivision-wide classification review planned, conducted, or authorized by the department of personnel in advance of ((personnel)) board action (if any), when the reallocation involves no change in duties or responsibilities.

(a) An employee in an underfill status will maintain that status.

(b) Subsection (1) of this section applies when a change in duties, responsibilities, or organization coincides with a revision of a class series.

(4) The director of personnel or designee may approve the retention of status for an incumbent in a laterally reallocated position when it is evident that the reallocation is, in effect, the correction of a long-term inequity. The application of this subsection shall not be denied in those cases where the employee has performed the duties of the lateral class for three continuous years or more.

(5) The effective date of an incumbent's appointment status as provided for in subsection (1) or (4) of this section shall be the date the director of personnel or designee approves the position reallocation.

(6) The salary and periodic increment date of an employee who continues in a position that is reallocated laterally shall remain unchanged.



[Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-10-045, filed 8/10/84.]



AMENDATORY SECTION (Amending WSR 91-03-070 (Order 368), filed 1/16/91, effective 3/1/91)



WAC 356-10-050  Employee appointment status--Upward reallocation. Employees in positions that have been reallocated upward are affected as follows:

(1) Employee must compete at the time of certification from the appropriate eligible register, unless otherwise determined by the director of personnel or designee, when the position is reallocated upward based on recent or impending changes in duties and responsibilities. The effective date of an incumbent's appointment status as provided in this subsection will be the date when he/she is appointed from a certification. If the employee is appointed from a certification, his/her salary is then determined in accordance with the rule governing promotion. The employee will serve a probationary or trial service.

(2) Employees in positions that have been reallocated upwards based on duties of a higher level classification performed for over one year shall retain status in the reallocated position and shall have their salary adjusted in accordance with the rule governing promotion, provided:

(a) The incumbent meets the minimum or desirable qualifications for the new class; or, the incumbent meets acceptable qualifications as determined by the director of personnel or designee; and

(b) The department of personnel verifies that the incumbent has the knowledge, skills and abilities needed for the new class.

(3) If the employee is not certified from the appropriate eligible register, transferred, promoted, demoted or otherwise retained in status within ninety days, the provisions governing reduction in force shall apply. This shall not preclude the employee's eligibility for a temporary appointment under these rules up to thirty days after the register is established. Employees who do not achieve status in a reallocated position shall be paid for time worked in the higher class based on the rule governing promotion (up to a maximum of three years).

(4) The employee retains existing appointment status when the position is reallocated based on a revision of a class series, a class series study, or an agency-wide or major subdivision-wide classification review planned, conducted, or authorized by the department of personnel in advance of ((personnel)) board action (if any), when the reallocation involves no change in duties or responsibilities. The employee's salary then is adjusted to the same step in the new range as held in the present range.

(a) An employee in an underfill status will maintain that status.

(b) Subsection (1) or (2) of this section apply when a change in duties, responsibilities, or organization coincides with a revision of a class series.

(5) The director of personnel or designee may approve the retention of status without examination for an incumbent in a reallocated position when it is evident that the reallocation is, in effect, the correction of a long-term inequity. The employee's salary is adjusted in accordance with the rule governing promotion. The application of this subsection shall not be denied in those cases where the employee has performed duties at a higher class for three continuous years or more.

(6) In reallocations determined by the department of personnel's director or designee the effective date of an incumbent's appointment status as provided for in subsection (2) or (5) of this section will be the earliest date that a copy of the classification questionnaire, either submitted directly by the incumbent or by the agency, is received by the department of personnel. Receipt of such classification questionnaires shall be acknowledged by the department of personnel if the submitting party includes a self-addressed stamped envelope with the copy of the classification questionnaire furnished the department of personnel.

For positions reallocated by agencies under their delegated allocation authority, the effective date of an incumbent's appointment status as provided for in subsection (2) or (5) of this section will be the earliest date that a copy of the classification questionnaire is received by the agency's personnel office or by the department of personnel.

(7) The department of personnel, the director of personnel, and the ((state personnel)) board shall not award additional compensation to an employee for any period prior to the date on which the classification questionnaire was received by the department of personnel.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-03-070 (Order 368), 356-10-050, filed 1/16/91, effective 3/1/91; 90-01-110 (Order 329), 356-10-050, filed 12/20/89, effective 2/1/90. Statutory Authority: RCW 41.06.150. 88-17-041 (Order 306), 356-10-050, filed 8/15/88; 88-15-060 (Order 303), 356-10-050, filed 7/18/88, effective 9/1/88. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-10-050, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), 356-10-050, filed 9/16/80; 79-03-010 (Order 128), 356-10-050, filed 2/14/79; 78-12-026 (Order 126), 356-10-050, filed 11/15/78; 78-10-070 (Order 123), 356-10-050, filed 9/26/78; Order 84, 356-10-050, filed 10/20/75, effective 11/17/75; Order 64, 356-10-050, filed 3/20/74; Order 36, 356-10-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-080.]



AMENDATORY SECTION (Amending WSR 93-19-154 (Order 429), filed 9/22/93, effective 11/1/93)



WAC 356-10-060  Allocation--Request for review. A review by the director of personnel or designee of the allocation, reallocation of a position, or incumbent status may be requested by the incumbent in the position at the time the reallocation was requested, or on the date the allocation decision was issued, or at the conclusion of a class study, or by the agency director as follows:

(1) The written request for a review must be filed with the director of personnel within 30 calendar days following notification of the effective date of the action and must contain the reasons and basis for the review.

(2) The director of personnel or designee shall acknowledge receipt of the request and send a copy of the request to the agency.

(3) The agency shall make every effort to resolve the disagreement through agency procedures.

(4) During the review, the director of personnel or designee shall conduct a hearing and may investigate and obtain such information as may be deemed necessary.

(5) Within 30 days of the receipt of the request for review, the director of personnel or designee shall set a date for a hearing and shall notify the incumbent employee, employing agency, employee organization, and designated department of personnel analyst: Provided, That the notice shall not be less than 20 calendar days. The hearing shall be informal and any of the above designated parties may present their views. The director of personnel or designee will enter a written determination and provide each of the participating parties with a copy.

(6) An employee or agency may appeal the determination of the director of personnel or designee to the ((state)) personnel appeals board as provided in Title 358 WAC.

(7) Allocation or reallocation reviews which result from a class-wide or broader position survey need not be heard until the director of personnel or designee has had a reasonable period of time to reexamine the position in question and all pertinent facts.

(8) Wherever possible, agencies shall continue employee's duties unchanged, pending an allocation decision.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-154 (Order 429), 356-10-060, filed 9/22/93, effective 11/1/93. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-10-060, filed 11/16/81; 80-13-047 (Order 147), 356-10-060, filed 9/16/80; 79-03-010 (Order 128), 356-10-060, filed 2/14/79; 78-12-026 (Order 126), 356-10-060, filed 11/15/78; 78-10-070 (Order 123), 356-10-060, filed 9/26/78; Order 87, 356-10-060, filed 5/4/76, effective 6/5/76; Repealed by Order 81, 356-10-060, filed 8/21/75, effective 9/21/75.*; Order 36, 356-10-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-090.]



AMENDATORY SECTION (Amending WSR 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86)



WAC 356-14-010  Compensation plan--General provisions. The director of personnel shall prepare a compensation plan for all classifications. The plan shall provide for:

(1) Full compensation to each employee for all work assigned and performed and consideration of all compensation to the employee in setting the employee's salary.

(2) Salary range schedules including the first, intervening, and maximum steps of each range.

(3) Assignment of each classification to a salary range giving full consideration to the prevailing rates in Washington state private industries, and other governmental units, for positions of a similar nature to provide like pay for like work.

(4) Work period designation of each classification, or individual positions within a classification.

(5) Rates of premium pay, shift premium, and standby pay schedules determined by the ((personnel)) board in the same manner as are basic salaries.

(6) Appropriate statistical standards and reporting requirements as outlined in chapter 356-14 WAC for comprehensive and trend salary/fringe benefit surveys.



[Statutory Authority: RCW 41.06.150. 86-14-071 (Order 253), 356-14-010, filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-14-010, filed 11/16/81; Order 98, 356-14-010, filed 1/13/77, effective 2/13/77; Order 86, 356-14-010, filed 5/4/76, effective 10/1/76.*; Order 78, 356-14-010, filed 5/19/75; Order 71, 356-14-010, filed 12/30/74; Order 36, 356-14-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-110, 356-08-115.]



REPEALER



WAC 356-14-015 Salary and fringe benefit surveys--Requirements.



REPEALER



WAC 356-14-021 Salary and fringe benefit survey plans--Intentions--Content.



AMENDATORY SECTION (Amending WSR 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86)



WAC 356-14-026  Salary surveys--Application--Indexing. (1) ((Adjustments of state salaries to prevailing rates in Washington state private industries and other governmental units shall be determined by comparisons of weighted averages of salaries, including weighted averages of salaries from out-of-state sources when necessary to obtain statistically valid salary surveys.)) Comprehensive and trend salary surveys will be conducted in accordance with applicable portions of chapter 41.06 RCW.

(((2) Determination of state salary changes from prevailing rate data collected in salary surveys shall be based on occupational group averages containing related job classes where appropriate rather than on comparisons of survey data to individual state job classes.))

(((3))) (2) All classes shall be identified and indexed (affixed) to a particular salary survey benchmark class (or group average of selected benchmark classes). Such indexing shall display the number of salary schedule ranges that each class is aligned above, the same, or below the respective benchmark class or group. Such class-by-class indexing shall be published on twenty-day notice and approved by the board.

(((4))) (3) The salary relationships so established by indexing will remain the same upon application of the salary survey data to respective benchmark classes and groups: Provided, That the ((personnel)) board may approve exceptions to correct for inequities, substantial changes in duties and responsibilities, or recruiting and retention problems, consistent with other provisions of this chapter.



[Statutory Authority: RCW 41.06.150. 86-14-071 (Order 253), 356-14-026, filed 7/1/86, effective 8/1/86.]



AMENDATORY SECTION (Amending WSR 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86)



WAC 356-14-031  Compensation plan--Adoption. (1) The compensation plan as developed under this chapter shall be presented to the board for review and adoption after consultation with and consideration of proposals from employee representatives and agencies affected.

(2) Twenty calendar days prior to the open hearing on the plan, the director of personnel shall circulate notice of the hearing to enable employee representatives and agencies affected to present their views either orally or in writing. The notice shall state the date, time, and place of the hearing, and either the terms or a description of the proposed plan. The ((personnel)) board may amend and adopt the plan at the hearing.



[Statutory Authority: RCW 41.06.150. 86-14-071 (Order 253), 356-14-031, filed 7/1/86, effective 8/1/86.]



REPEALER



WAC 356-14-035 Compensation plan submittal--Intentions--Content.



AMENDATORY SECTION (Amending WSR 87-09-037 (Order 273), filed 4/14/87, effective 6/1/87)



WAC 356-14-045  Salaries--Comparable worth. (1) Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the department of personnel ((in cooperation with the higher education personnel board)). Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually. Comparable worth for the jobs of all employees under chapter 41.06 RCW shall be fully achieved not later than June 30, 1993.

(2) Comparable worth entitlements shall comply with the December 31, 1985 settlement agreement between the state of Washington and the American Federation of State, County and Municipal Employees (AFSCME), et al., as approved by federal district court and ratified by the Washington legislature.

(3) Upon the establishment of new classes, or redefinition of existing classes, the following policy shall apply:

(a) When an existing class or class series that is covered by the settlement agreement is substantially revised, the comparable worth salary range involvement shall be determined by reevaluating the classes using the Willis methodology.

(b) The comparable worth salary range involvement for classes that were not covered by the settlement agreement and newly created classes or class series shall be determined based on internal indexing, or Willis evaluation, whichever is determined most appropriate by the director.

(c) Salary ranges for new or revised classes which are substantially common with higher education personnel board classes shall be equal, as applicable.

(4) Comparable worth evaluation committee:

(a) Comparable worth evaluations using the Willis methodology shall be conducted by an evaluation committee composed of at least eight member representatives from operating agencies, employee organizations, and department of personnel staff.

(b) Members shall be experienced in agency programs or personnel administration. Members must also attend meetings on a regular basis a majority of the time.

(c) The director shall process committee appointments, appoint officers, establish meeting agendas, call meetings, and schedule (or reschedule) evaluations as he/she deems appropriate. Affected agency or employee representatives must submit any requests for evaluations or reevaluations in writing to the director for disposition and written response.

(5) Other administrative requirements regarding comparable worth adjustments include, but are not limited to, the following:

(a) The process for determining comparable worth class salary range involvement, if any, will be made a part of the regular monthly ((state personnel)) board meeting agenda.

(b) Requesting agencies and organizations should submit new and revised class proposals in sufficient time to accommodate a possible two-month review and evaluation period requirement.

(c) Agency requests should include proposed salary survey indexing and proposed comparable worth involvement, if any, at time of item submission. Indexing and comparable worth information will be included in board meeting agenda publications.

(d) For purposes of legal, fiscal, and legislative disclosure, comparable worth involvement salary ranges will be tracked and recorded by class.



[Statutory Authority: RCW 41.06.150. 87-09-037 (Order 273), 356-14-045, filed 4/14/87, effective 6/1/87; 86-14-071 (Order 253), 356-14-045, filed 7/1/86, effective 8/1/86.]



AMENDATORY SECTION (Amending Order 96, filed 12/10/76, effective 1/12/77)



WAC 356-14-070  Salary--Limits. No employee shall be compensated at a basic salary rate greater than the maximum or less than the minimum step of the salary range to which the class had been allotted, unless the director authorizes a different rate in cases of reallocation downward or in other cases involving unusual circumstances where equity requires a different rate of pay. On appeals from reallocation downward the decision of the ((board)) director or designee, and/or the personnel appeals board, may be made effective retrospectively to the effective date of the appealed reallocation. In all other cases the decision shall only be made effective prospectively. All such requests and justifications must be submitted to the board in writing within 15 calendar days from the effective date of the action from which the request originates.



[Order 96, 356-14-070, filed 12/10/76, effective 1/12/77; Order 36, 356-14-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-130.]



AMENDATORY SECTION (Amending WSR 88-05-028 (Order 294), filed 2/12/88, effective 4/1/88)



WAC 356-15-020  Work period designations. (1) The ((personnel)) board shall assign a specific work period designation to each job class. In deciding which work period designation is appropriate, the ((personnel)) board shall consider the following factors:

(a) Whether the positions are exempt from the overtime provisions of the Fair Labor Standards Act as executive, administrative, professional, agricultural, outside sales, or recreational establishment personnel as summarized in chapter 356-05 WAC.

(b) Whether the positions have been historically paid overtime by the state.

(c) Whether the private sector or other governmental jurisdictions have a historical or prevailing overtime pay practice for direct counterpart positions.

(d) Other factors it may deem to be appropriate.

(2) The ((personnel)) board may authorize a work period designation for an individual position which differs from the class-wide designation when the position has atypical working conditions. When two or more designations are indicated for a job class, the first designation listed shall constitute the class-wide designation. Each position shall be assigned only one designation. The work period designation for persons on "in-training" and "underfill" appointments shall be the same as that of the position to which they are appointed, except that if the position is designated "exceptions," the employee's work period designation will be "nonscheduled."

(a) Scheduled (S):

(i) Standard: Full-time positions with conditions of employment which may be completed within five consecutive work days, each having the same starting time and lasting not more than eight working hours.

(ii) Alternate: Full-time positions with conditions of employment which may be completed within:

(A) Five work days lasting not more than eight working hours within the same workweek but which, because of operational necessity, cannot be scheduled with the same daily starting time or with consecutive days off; or

(B) Four work days lasting not more than ten working hours each within the same workweek; or

(C) Four nine-hour work days and one four-hour work day; or

(D) Ten consecutive work days with four consecutive days off; or

(E) Ten work days lasting not more than eight working hours and occurring within a scheduled fourteen consecutive day period. Positions are restricted to employees in the registered nurse class series who work in an institutional hospital primarily engaged in the care of residents.

(F) Continuous five work-days-per-week shifts which rotate each 28 days to a different schedule of regular days and hours per week. The rotation involves extended or shortened time off between the ending shift of one schedule and the beginning shift of the next, but does not require more than eight hours work in any one 24-hour period within a schedule, nor more than fifty-two 40-hour workweeks per year. Positions are limited to communications officers and scheduled commercial vehicle enforcement officers of the state patrol.

After giving written notice to the employee and the certified exclusive representative, the employer may implement an alternate schedule provided the employer can document a program need for the alternate schedule or the alternate schedule is mutually agreeable to the employer and employee.

(iii) Unlisted: Full-time positions for which the director of personnel has approved a schedule or scheduling plan not allowed above. Such unlisted schedules may be approved by the director of personnel when both the agency and the affected employees are in agreement. Approval by the exclusive representative shall constitute approval of employees within a certified bargaining unit.

(b) Nonscheduled (NS): Full-time positions with conditions of employment which necessitate adjustment of hours by employees within forty working hours within the workweek. These positions may have preset schedules or task assignments which require their attendance at certain hours, but are generally responsible to adjust their hours to best accomplish their workload.

(c) Law enforcement (1): Full-time positions which meet the law enforcement criteria of section 7(k) of the Fair Labor Standards Act. (Defined as law enforcement personnel in WAC 356-05-210.)

(d) Exceptions (e): Full-time positions which are exempt from the overtime provisions of the Fair Labor Standards Act as executive, administrative, professional, agricultural, outside sales, or recreational establishment personnel as summarized in chapter 356-05 WAC.



[Statutory Authority: RCW 41.06.150. 88-05-028 (Order 294), 356-15-020, filed 2/12/88, effective 4/1/88; 87-24-027 (Order 286), 356-15-020, filed 11/24/87, effective 1/1/88; 86-12-025 (Order 248), 356-15-020, filed 5/28/86, effective 7/1/86; 86-01-014 (Order 239), 356-15-020, filed 12/6/85; 85-01-083 (Order 212), 356-15-020, filed 12/19/84; 83-24-002 (Order 193), 356-15-020, filed 11/28/83. Statutory Authority: RCW 41.06.150(17). 82-05-034 and 82-06-009 (Order 167 and 167-A), 356-15-020, filed 2/16/82 and 2/19/82; 79-10-064 (Order 133), 356-15-020, filed 9/18/79; Order 113, 356-15-020, filed 11/30/77, effective 1/1/78; Order 98, 356-15-020, filed 1/13/77, effective 2/13/77; Order 86, 356-15-020, filed 5/4/76, effective 10/1/76..*]



AMENDATORY SECTION (Amending WSR 97-24-038, filed 11/26/97, effective 1/1/98)



WAC 356-15-130  Special pay ranges. The ((personnel resources)) board may allow for special pay ranges to equal or approximate prevailing rate practices found in private industry or other governmental units. An affected class is identified either by a letter designation following the basic salary range number or by a letter designation preceding a number. In the latter case, a special salary schedule will be used for such classes.

Details of the affected classes with a special pay range will appear in the salary schedule section of the compensation plan.



[Statutory Authority: RCW 41.06.150. 97-24-038, 356-15-130, filed 11/26/97, effective 1/1/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-22-043 (Order 413), 356-15-130, filed 10/27/92, effective 12/1/92; 91-13-034 and 91-15-021 (Orders 373 and 373A), 356-15-130, filed 6/13/91 and 7/11/91, effective 7/14/91 and 8/11/91; 91-05-083 (Order 370), 356-15-130, filed 2/20/91, effective 4/1/91; 90-23-030 (Order 361), 356-15-130, filed 11/14/90, effective 12/15/90; 90-13-068 (Order 355), 356-15-130, filed 6/18/90, effective 7/19/90. Statutory Authority: RCW 41.06.150. 89-14-027 (Order 321), 356-15-130, filed 6/26/89, effective 8/1/89; 85-09-030 (Order 221), 356-15-130, filed 4/12/85; 83-08-010 (Order 181), 356-15-130, filed 3/25/83. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-15-130, filed 11/16/81; 79-12-012 (Order 137), 356-15-130, filed 11/13/79; Order 109, 356-15-130, filed 9/7/77; Order 98, 356-15-130, filed 1/13/77, effective 2/13/77; Order 86, 356-15-130, filed 5/4/76, effective 10/1/76..*]



AMENDATORY SECTION (Amending WSR 92-20-024 (Order 409), filed 9/28/92, effective 11/1/92)



WAC 356-15-125  Assignment pay provisions. The ((personnel)) board may grant additional pay to recognize assigned duties that exceed ordinary conditions. Hazards, equipment operations and other specialized skills are examples of areas for ((personnel)) board consideration. Approved classes will have the letters "AP" appearing after their class title in the compensation plan.

Details of the affected classes or positions within a class, with the additional amount granted, will appear in the salary schedule section of the compensation plan.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-024 (Order 409), 356-15-125, filed 9/28/92, effective 11/1/92. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), 356-15-125, filed 7/16/87, effective 9/1/87. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-15-125, filed 11/16/81.]



AMENDATORY SECTION (Amending WSR 96-21-037, filed 10/10/96, effective 11/10/96)



WAC 356-18-050  Sick leave credit--Purpose--Accrual--Conversion. (1) Sick leave credits are granted as a form of insurance to minimize loss of compensation to employees due solely to reasons specified in WAC 356-18-060.

(2) Full-time employees shall be credited monthly with eight hours of sick leave under the following conditions:

(a) The employee must be employed for fifteen calendar days or more during the month.

(b) Any leave without pay taken during the month will not be counted toward the fifteen calendar day eligibility requirement.

(c) Holidays for which the employee is otherwise eligible that fall within the qualifying fifteen days count toward the minimum requirement.

Sick leave credit for other than full-time employees shall be computed and accrued in an amount proportionate to the time the employee is in pay status during the month to that required for full-time employment.

(3) Employees shall be eligible to receive monetary compensation for accrued sick leave as follows:

(a) In January of each year, and at no other time, an employee whose sick leave balance at the end of the previous year exceeds four hundred eighty hours may elect to convert the sick leave hours earned in the previous calendar year, minus those hours used during the year, to monetary compensation.

(i) No sick leave hours may be converted which would reduce the calendar year-end balance below four hundred eighty hours.

(ii) Monetary compensation for converted hours shall be paid at the rate of twenty-five percent and shall be based upon the employee's current salary.

(iii) All converted hours will be deducted from the employee's sick leave balance.

(iv) Hours which are accrued, donated, and returned from the shared leave program in the same calendar year, may be included in the converted hours for monetary compensation.

(b) Employees who separate from state service on or after September 1, 1979, due to retirement or death shall be compensated for their total unused sick leave accumulation at the rate of twenty-five percent. Compensation shall be based upon the employee's salary at the time of separation. For the purpose of this subsection, retirement shall not include "vested out-of-service" employees who leave funds on deposit with the department of retirement systems (DRS).

(c) No contributions are to be made to the department of retirement systems (DRS) for such payments in (a) or (b) of this subsection, nor shall such payments be reported to DRS as compensation.

(4) Employees who separate for any reason other than retirement or death shall not be paid for their accrued sick leave.

(5) Former employees who are again employed within five years of their separation from service shall be granted all unused sick leave credits, if any, to which they were entitled at time of separation for the purpose of using sick leave for the reasons prescribed in WAC 356-18-060. Upon any subsequent retirement or death of a reemployed retiree, only that unused sick leave accrued since the original retirement minus that taken within the same period may be compensated per the conversion provisions of WAC 356-18-050 (3)(b).

(6) ((Employees coming under the jurisdiction of the state personnel board from the jurisdiction of the higher education personnel board by the provisions of)) Higher education system employees moving to an agency in accordance with WAC 356-49-040 shall be credited with their sick leave accumulated with the higher education system.



[Statutory Authority: RCW 41.06.150. 96-21-037, 356-18-050, filed 10/10/96, effective 11/10/96; 89-15-028 (Order 325), 356-18-050, filed 7/14/89, effective 8/14/89; 89-06-028 (Order 314), 356-18-050, filed 2/24/89, effective 8/14/89; 87-01-073 (Order 266), 356-18-050, filed 12/18/86, effective 2/1/87; 84-04-022 (Order 197), 356-18-050, filed 1/24/84; 83-12-002 (Order 184), 356-18-050, filed 5/19/83. Statutory Authority: RCW 41.06.150(17). 81-03-017 (Order 151), 356-18-050, filed 1/12/81; 79-10-064 (Order 133), 356-18-050, filed 9/18/79; Order 80, 356-18-050, filed 7/16/75; Order 69, 356-18-050, filed 9/30/74; Order 52, 356-18-050, filed 12/19/72; Order 49, 356-18-050, filed 8/17/72; Order 48, 356-18-050, filed 7/19/72; Order 36, 356-18-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-020 and 356-12-040.]



AMENDATORY SECTION (Amending WSR 87-02-038 (Order 267), filed 1/2/87)



WAC 356-22-180  Examination--Oral examining ((board)) panel. (1) The members of oral examining ((boards)) panels shall be chosen primarily for their ability to judge the qualifications of applicants objectively. At least one member by past experience and training shall be generally familiar with the nature of the work for which the examination is being given. Emphasis will be placed on including at least one protected group member on each oral examining ((board)) panel.

(2) No examining ((board)) panel shall have fewer than two members. No person holding political office or any officer or committee member of any political organization shall serve as a member of such ((board)) panel.

(3) If conditions require establishing multiple ((boards)) panels, tests and instructions shall be structured to ensure uniformity of examining conditions and rating standards.

(4) Members of oral examining ((boards)) panels shall disclose each instance in which they know an applicant to the extent that they have formed a prior personal bias for or against an applicant and shall disqualify themselves without rating the applicant or biasing the remaining members.



[Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), 356-22-180, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 78-04-014 (Order 117), 356-22-180, filed 3/9/78; Order 36, 356-22-180, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-220.]



AMENDATORY SECTION (Amending WSR 96-11-060, filed 5/10/96, effective 6/6/96)



WAC 356-22-220  Veterans preference in examinations. (1) The term veteran as used in this rule shall include any person who has served in any branch of the armed forces of the United States during:

(a) World War II;

(b) The Korean Conflict;

(c) The Viet Nam Era, beginning August 5, 1964 (([and ending])) and ending May 7, 1975;

(d) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(e) The following armed conflicts, if the participant was awarded the respective campaign badge or medal: the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor; or

(f) Who has received the armed forces expeditionary medal, Marine Corps expeditionary medal, or Navy expeditionary medal, for opposed action on foreign soil.

(2) Further, only persons who received an honorable discharge or who received a discharge for physical reasons with an honorable record or who were released from active duty under honorable circumstances shall be eligible for this veterans preference.

(3) In all competitive examinations, veterans shall be given a preference by adding to the passing grade, based upon a possible rating of 100 points as perfect, a percentage of such passing grade under the following conditions:

(a) Ten percent to a veteran who is not receiving any veterans retirement payments. This preference shall be utilized until one of the examinations results in a veteran's first appointment and not in any promotional examination.

(b) Five percent to a veteran who is receiving any veterans retirement payments. This percentage shall be utilized until one of the examinations results in a veteran's first appointment and not in any promotional examination.

(c) Five percent to a veteran who, after having previously received employment with the state, is called, or recalled, to active military service for one or more years during any period of war. This preference shall be utilized on the first promotional examination only.

(4) The above preference provisions must be claimed within eight years of the date of release from active service.



[Statutory Authority: RCW 41.06.150. 96-11-060, 356-22-220, filed 5/10/96, effective 6/6/96; 84-14-006 (Order 207), 356-22-220, filed 6/22/84; Order 68, 356-22-220, filed 6/25/74; Order 36, 356-22-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-260.]



AMENDATORY SECTION (Amending WSR 79-11-046 (Order 136), filed 10/15/79, effective 1/1/80)



WAC 356-22-230  Examinations--Noncompetitive. (1) The noncompetitive service comprises those unskilled, seasonal and temporary classes or positions for which the ((personnel)) board has determined ranked registers to be impracticable. Although exactly the same selection procedures may be used as in the competitive service, they need not be applied beyond the point of determining that a given applicant achieves a passing score.

(2) The director of personnel may designate agency personnel officers to act in the director's behalf, as agents of the department of personnel, for purposes of establishing and maintaining unranked registers within the noncompetitive service for those positions approved by the ((personnel)) board. The director of personnel shall be responsible for developing necessary procedures which include yearly audit provisions. Applicants shall have appeal rights to the director of personnel in accordance with other provisions of these rules.



[Statutory Authority: RCW 41.06.150(17). 79-11-046 (Order 136), 356-22-230, filed 10/15/79, effective 1/1/80; Order 77, 356-22-230, filed 5/7/75, effective 6/7/75; Order 71, 356-22-230, filed 12/30/74; Order 36, 356-22-230, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-280.]



AMENDATORY SECTION (Amending WSR 94-10-008, filed 4/21/94, effective 5/31/94)



WAC 356-26-030  Register designation. (1) Agency reduction in force.

(a) Composition.

(i) The agency reduction in force register will consist of classes and the names of all employees who hold or have held permanent status in those classes and: (A) Have been notified they are scheduled for reduction in force; or (B) held permanent status prior to separation due to a reduction in force; or (C) who have accepted a voluntary demotion in a class in lieu of a reduction in force; or (D) were in a trial service period with another department and separated due to reduction in force; or (E) employees requesting to be placed on this register for classes held immediately prior to the position being reallocated downward; or (F) who were separated due to disability within the last year as provided in WAC 356-35-010 and who have submitted to the director of personnel a current statement from a physician or licensed mental health professional that they are physically and/or mentally able to perform the duties of the class for which the register is established.

(ii) The employee's name shall appear for all classifications for which he/she is not disabled in which he/she held permanent status since the employee's last separation other than a reduction in force, or in which he/she served more than six months on a position which would have meant permanent status had it been under the jurisdiction of the ((state personnel)) board at the time.

(b) Method of ranking.

(i) This register will be ranked according to seniority.

(c) Life of register.

(i) An eligible's name will normally remain on this register for three years.

(d) Special provisions.

(i) Employees appointed from this register will assume the same status they held prior to the reduction in force. Persons on this register will indicate the geographic areas in which they are available. Appointment of persons from this register to seasonal positions will be as provided in WAC 356-30-130.

(ii) An employee's name shall not appear for classes at or below the range level of a class in which the employee is serving on a permanent full-time basis, except:

(A) When the employee has accepted an option beyond a reasonable commuting distance in lieu of separation due to reduction in force. The employee's name may appear for classes at the same or lower range levels when the availability would return the employee back to his/her previous work location.

(B) When the employee has accepted a position in lieu of separation due to a reduction in force, in a different class series.

(C) Any other exceptions shall be approved by the director or designee.

(2) Service-wide reduction in force.

(a) Composition.

(i) This register will consist of the same names as the agency reduction in force register, except for those requesting to be on the agency reduction in force register following a reallocation downward.

(b) Method of ranking.

(i) This register will be ranked according to seniority.

(c) Life of register.

(i) An eligible's name will normally remain on this register for two years.

(d) Special provisions.

(i) Employees appointed from this register will assume the same status they held prior to the reduction in force. Persons on this register will indicate the geographic areas and departments for which they are available. Appointment of persons from this register to seasonal positions will be as provided in WAC 356-30-130.

(3) Dual-agency reversion.

(a) Composition.

(i) This register will contain the names of employees who while serving a trial service period in another agency or ((in a position under the jurisdiction of the)) a higher education ((personnel board)) institution were either voluntarily or involuntarily reverted to their former class and status.

(b) Method of ranking.

(i) This register will be ranked according to total unbroken classified service.

(c) Life of register.

(i) An eligible's name will normally remain on this register for two years.

(d) Special provisions.

(i) This register refers to the agency from which promoted and the agency from which reverted. Employees appointed from this register will assume the status they held prior to promotion. Persons on this register will indicate the geographic area in which they are available.

(4) Agency promotional.

(a) Composition.

(i) This register will be established by appropriate classes for each agency and shall include the names of those current permanent employees of each agency who have served six months of a probationary period, or past permanent employees who have been separated due to reduction in force within the last year and who have received a passing final grade in the total promotional examination and are eligible to be certified. The names of past permanent employees who were separated due to disability within the last year as provided in WAC 356-35-010 shall also be included on this register provided that they submit to the director of personnel a statement from a physician or licensed mental health professional that they are physically and/or mentally able to perform the duties of the class for which the register is established and they have received a passing final grade as required for other promotional applicants.

(b) Method of ranking.

(i) This register shall be ranked according to final score from the highest to the lowest.

(c) Life of register.

(i) An eligible's name will normally remain on this register for an indefinite period unless replaced by a register established by the use of a substantially new examination.

(d) Special provisions.

(i) An employee may convert any current open competitive rating to this register after six months.

(5) Higher education reduction in force.

(a) Composition.

(i) This register shall contain the names of permanent employees ranked in order of seniority from higher education institutions or related boards laid off or scheduled for layoff and who have requested placement on this register. The employee's name shall appear for all classifications or equivalent classifications for which the employee held permanent status.

(b) Method of ranking.

(i) This register will be ranked according to seniority.

(c) Life of the register.

(i) An eligible's name will normally remain on this register for two years from the date of placement on the register.

(d) Special provisions.

(i) The employee must request placement on this register within thirty calendar days of the effective date of layoff or previously have requested placement on the inter-system employment register due to layoff. The employee may request placement on lower classes in the same class series or equivalent classes and must demonstrate the ability to meet the minimum qualifications and pass the qualifying examination for classes in which the employee has held permanent status, or lower classes in the same class series, or equivalent classes. Employees appointed from this register shall be required to complete a trial service period of six months.

(6) Service-wide reversion.

(a) Composition.

(i) This register will contain the names of employees who while serving a trial service period in another agency or ((in a position under the jurisdiction of the)) higher education ((personnel board)) institution were either voluntarily or involuntarily reverted to their former class and status.

(b) Method of ranking.

(i) This register will be ranked according to total unbroken classified service.

(c) Life of register.

(i) An eligible's name will normally remain on this register for two years.

(d) Special provisions.

(i) This register refers to all agencies, except the two which are involved with the dual-agency transaction. Persons on this register will indicate the geographic areas and agencies for which they are available.

(7) Transfer.

(a) Composition.

(i) This register shall contain the names of all permanent employees who have submitted a request to be considered for transfer.

(b) Method of ranking.

(i) This register will be unranked.

(c) Life of register.

(i) An eligible's name shall normally remain on this register for one year.

(d) Special provisions.

(i) To use this register, the employee must transfer either within the same class or the same pay range having the same salary range number.

(8) Voluntary demotion.

(a) Composition.

(i) This register shall contain the names of all permanent employees who have submitted a request for and are eligible under the rules to be considered for a voluntary demotion.

(b) Method of ranking.

(i) This register shall be unranked. However, employees subject to reduction in force shall have priority.

(c) Life of register.

(i) An eligible's name shall normally remain on this register for one year.

(d) Special provisions.

(i) Employees appointed from this register to a class not previously held will serve a trial service period. All examination ratings for the class from which demoted shall be nullified; however, the employee may be elevated to the class from which demoted with permanent status without benefit of certification provided permanent status was achieved at the higher level.

(9) Service-wide promotional.

(a) Composition.

(i) This register shall contain the names of those permanent employees who have served six months of a probationary period or past permanent employees who have been separated due to reduction in force within the last year who have obtained a passing final grade in the total promotional examination. The names of past permanent employees who were separated due to disability within the last year as provided in WAC 356-35-010 shall also be included on this register provided that they submit to the director of personnel a statement from a physician or licensed mental health professional that they are physically and/or mentally able to perform the duties of the class for which the register is established and they have received a passing final score as required for other promotional applicants.

(b) Method of ranking.

(i) This register shall be ranked according to final score, from the highest to the lowest.

(c) Life of register.

(i) An eligible's name will normally remain on this register for an indefinite period unless replaced by a register established by the use of a substantially new examination.

(d) Special provisions.

(i) An employee may convert any current open competitive rating to this register after six months. Persons on this register will indicate the geographic areas and agencies for which they are available.

(10) Reemployment.

(a) Composition.

(i) This register shall contain the names of all past permanent employees who have submitted a request and an application for reemployment within five years from the date of separation, provided that the names of employees separated for cause while performing similar duties shall not be placed on this register except with the approval of the agency from which they were separated for cause. This register shall also contain the names of those employees who have been in reversion or reduction in force status and have been offered and declined employment. The director of personnel may extend the time during which an employee may apply for reemployment if the director of personnel has determined that a need for eligibles exists in a certain class and/or geographical area.

(b) Method of ranking.

(i) This register shall be unranked.

(c) Life of register.

(i) An eligible's name will normally remain on this register for two years.

(d) Special provisions.

(i) Persons reemployed from this register will serve a probationary period. The former employee may limit or enlarge upon his/her area of availability either by department or geographic area.

(11) Inter-system employment.

(a) Composition. This register shall contain the names of permanent classified employees ((under the jurisdiction of the)) at higher education ((personnel board)) institutions who have submitted an application and who have passed the required examination.

(b) Method of ranking. This register shall be ranked according to final passing score from the highest to the lowest.

(c) Life of register. An eligible's name will normally remain on this register for one year.

(d) Special provisions. Employees appointed from this register will serve a six month trial service period.

(12) Open competitive.

(a) Composition.

(i) This register will contain the names of all persons who have passed the entrance examination.

(b) Method of ranking.

(i) This register shall be ranked by the final score.

(c) Life of register.

(i) An eligible's name will normally remain on this register for one year unless changed by the director of personnel.

(d) Special provisions.

(i) Persons on this register will indicate the geographic areas for which they are available.



[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-10-008, 356-26-030, filed 4/21/94, effective 5/31/94. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-088 (Order 421), 356-26-030, filed 5/28/93, effective 7/1/93. Statutory Authority: RCW 41.06.150. 85-14-008 (Order 224), 356-26-030, filed 6/24/85; 85-05-030 (Order 217), 356-26-030, filed 2/15/85; 84-14-006 (Order 207), 356-26-030, filed 6/22/84; 84-11-091 (Order 204), 356-26-030, filed 5/23/84, effective 9/1/84; 83-01-115 (Order 179), 356-26-030, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-26-030, filed 9/22/82; 81-20-060 (Order 161), 356-26-030, filed 10/5/81; 80-13-047 (Order 147), 356-26-030, filed 9/16/80; Order 58, 356-26-030, filed 9/10/73; Permanent and Emergency Order 50, 356-26-030, filed 10/19/72; Order 40, 356-26-030, filed 12/10/71; Order 36, 356-26-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-330, 356-16-340, 356-16-350, 356-16-360, 356-16-370, 356-16-380, 356-16-390, 356-16-400.]



AMENDATORY SECTION (Amending WSR 93-02-040 (Order 414), filed 1/5/93, effective 2/1/93)



WAC 356-26-040  Registers--Name removal for cause--Grounds enumerated--Requirements. (1) The director of personnel or designee may remove the name of an eligible from a register and/or certification for any of the following reasons:

(a) For any of the causes stipulated in the chapter on appeals (WAC 356-34-010).

(b) On evidence that the eligible cannot be located by the postal authorities.

(c) On receipt of a statement from the eligible declining an appointment and/or future interest in positions in that class.

(d) If a candidate from a reduction in force register or a dual agency reversion register has waived three offers of employment for a position in the class for which the register was established.

(e) If a candidate from a promotional or open competitive register has waived consideration three times for a position in the class for which the register was established.

(f) If an eligible fails to reply to a written inquiry as to availability after five days in addition to the time required to receive and return the inquiry.

(g) If an eligible accepts an appointment and fails to report for duty at the time and place specified without giving satisfactory reasons for the delay to the appointing authority.

(h) If an eligible was certified and reported "not satisfactory" on three occasions or if the eligible was certified and the appointing authority reported the eligible "considered but not appointed" on four separate occasions, or if the appointing authority reports either "not satisfactory" or "considered but not appointed" for a total of four times. The director of personnel or designee will monitor all name removals for adverse effect and/or disparate treatment of protected group members.

(i) If an open competitive eligible indicates availability in a specific geographic area and subsequently refuses referral or appointment to a position in that area.

(j) If the appointing authority reports that the eligible was offered employment but could not comply with the personal identification and work authorization requirements of the federal Immigration Reform and Control Act (I.R.C.A.).

(2) The director of personnel or designee shall notify the eligible of this action and the reasons therefore by mail to the last known address, except in those cases in subsection (1)(b) or (c) of this section. The director of personnel or designee will advise the eligible of the right to appeal.

(3) An eligible's name shall be reinstated on the register upon showing of cause satisfactory to the director of personnel or in accordance with the decision of the ((personnel)) board upon appeal.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-02-040 (Order 414), 356-26-040, filed 1/5/93, effective 2/1/93; 91-13-041 (Order 375), 356-26-040, filed 6/14/91, effective 8/1/91. Statutory Authority: RCW 41.06.150. 87-13-072 (Order 279), 356-26-040, filed 6/17/87, effective 8/1/87; 87-02-038 (Order 267), 356-26-040, filed 1/2/87; 85-21-113 (Order 237), 356-26-040, filed 10/23/85, effective 12/1/85. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-26-040, filed 9/22/82; 81-13-030 (Order 157), 356-26-040, filed 6/15/81; Order 87, 356-26-040, filed 5/4/76, effective 6/5/76; Order 81, 356-26-040, filed 8/21/75, effective 9/21/75; Order 76, 356-26-040, filed 3/31/75; Order 36, 356-26-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-410.]



AMENDATORY SECTION (Amending WSR 78-10-070 (Order 123), filed 9/26/78)



WAC 356-30-143  Intergovernmental mobility. In accordance with the intent of the Intergovernmental Personnel Act (P.L. 91-648) regarding mobility assignments and/or notwithstanding any other provisions of these rules, the ((state personnel)) board or designee may authorize appointments into the classified service from other governmental units when such appointments are for purposes of cross-training or sharing of expertise across governmental boundaries. Such appointments shall be time limited.



[Statutory Authority: RCW 41.06.150(17). 78-10-070 (Order 123), 356-30-143, filed 9/26/78; 78-06-017 (Order 120), 356-30-143, filed 5/12/78.]



AMENDATORY SECTION (Amending WSR 91-20-029 (Order 383), filed 9/23/91, effective 11/1/91)



WAC 356-30-260  Probationary period--Provisions--Status of employee. (1) Employees who receive appointments to permanent positions from the open competitive register and the reemployment register shall serve a probationary period of six to twelve months as determined by the ((personnel)) board. The ((personnel)) board shall designate a probationary period of six months for all positions in a class unless they determine that job requirements of the class require a longer period (up to twelve months) to provide adequate training and/or evaluation. The ((personnel)) board shall apply the following criteria for approving probationary periods of longer than six months:

(a) The work of the majority of the positions in the class is of such a nature that performance of the full range of duties cannot be properly evaluated within six months after an appointment.



or



(b) Work of the class is cyclical in nature and the workload cycle cannot be completed within six months after an appointment.



or



(c) Work is of such a nature that extended formalized training is required prior to the full assumption of duties.

All positions in a class shall have the same probationary period.

(2) All persons at time of appointment shall be notified in writing by the agency of the length of their probationary period. When the probationary period for a class is increased beyond six months, the increased probationary period shall apply only to persons appointed after the effective date of the change.

(3) The probationary period will provide the appointing authority with the opportunity to observe a new employee's work, to train and aid the new employee in adjustment to the position, and to terminate any employee whose work performance fails to meet the required standards.

(4) Employees who, during their probationary period, go on leave without pay shall have their probationary period extended by the number of calendar days they are on leave without pay including any intervening nonworking days.

(5) Employees shall have their probationary period extended by the number of calendar days in excess of 30 in which the employee is not at work including any intervening nonwork days if:

(a) Work is missed due to sick leave, vacation leave, military training leave, shared leave or miscellaneous leave; or

(b) Work is missed by employees of the departments of social and health services, corrections or veterans affairs due to an assault that occurred on the job and who are receiving compensation in an amount equal to full pay, as provided in chapters 72.01 and 72.09 RCW; or

(c) Work is missed due to any combination of leave identified in (5)(a) and (b) of this section which when added together exceeds 30 calendar days.

(6) Work missed during the probationary period due to holidays shall be counted as part of the required probationary period.

(7) When an employee accepts a temporary appointment to a higher class in the same series in the same work unit while serving in a probationary period, the probationary period shall continue for the lower class.

(8) Permanent appointment of a probationary employee shall be automatic unless the person is dismissed under provision of WAC 356-30-270.

(9) Veterans and their widows who have not remarried and are in probationary status will be granted seniority preference only within ranks of probationary employees and will not be granted preference within the ranks of the permanent employees until they acquire permanent status.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), 356-30-260, filed 9/23/91, effective 11/1/91; 91-07-055 (Order 371), 356-30-260, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 88-06-001 (Order 295), 356-30-260, filed 2/19/88, effective 4/1/88. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-30-260, filed 9/22/82; Order 36, 356-30-260, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-220.]



AMENDATORY SECTION (Amending WSR 91-13-042 and 91-21-080 (Orders 376 and 376A), filed 6/14/91 and 10/18/91, effective 8/1/91 and 11/18/91)



WAC 356-30-320  Trial service--Reversion--Status. (1) Employees who were appointed from a voluntary demotion register to a class not previously held or from a promotional register within the same agency and fail to satisfactorily complete the trial service period shall automatically revert to a position in the former classification.

(2) Employees who were appointed from a voluntary demotion register to a class not previously held or from a promotional register into another agency and who fail to satisfactorily complete the trial service period shall be given fifteen calendar days' written notice and placed on the dual-agency reversion register and the service-wide reversion register for their former class. If an employee waives consideration three times for a position in the class for which the register was established, the employee's name will be removed from the reversion register. The employee may then request his/her name be placed on the reemployment register.

(3) Employees who are reverted do not have the right of appeal.

(4) Former permanent employees who have promoted, demoted, or transferred to a position ((under the jurisdiction of the)) at a higher education ((personnel board)) institution in accordance with provisions of ((their rules)) Title 251 WAC and fail to complete ((their)) the trial service period may request their names be placed on the dual-agency reversion register and service-wide reversion register for ((their)) the former class.

(5) Employees who are reemployed from the service-wide reversion registers shall enter a trial service period. Employees reverted during this period may request their names be placed on the register from which they came.

(6) Employees who voluntarily revert to their former class may request the director of personnel to reactivate their promotional score for the class from which reverted. Employees involuntarily reverted to a former class shall have all examination grades nullified for the class from which they are reverted.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-13-042 and 91-21-080 (Orders 376 and 376A), 356-30-320, filed 6/14/91 and 10/18/91, effective 8/1/91 and 11/18/91; 90-05-028 (Order 339), 356-30-320, filed 2/13/90, effective 4/1/90. Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), 356-30-320, filed 5/23/84, effective 9/1/84. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), 356-30-320, filed 9/16/80; Order 43, 356-30-320, filed 3/17/72; Order 36, 356-30-320, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-260.]



AMENDATORY SECTION (Amending WSR 93-02-040 (Order 414), filed 1/5/93, effective 2/1/93)



WAC 356-34-090  Protests--Requirements for applicants, examinees, and eligibles. (1) An applicant whose application has been rejected; an examinee who feels that the examination is unfair, or not applied uniformly, or that the score is in error or not uniformly derived; an eligible whose name has been removed from the register and/or certification; or an applicant who is not appointed following a background inquiry and review conducted pursuant to WAC 356-26-140 may request a review by the director of personnel or designee. The request must be in writing and received at the director of personnel's office within twenty calendar days following the postmarked date of the notification of the application rejection, examination score, removal from a register and/or certification, or the appointing authority's decision.

(2) The director of personnel or designee shall notify the party requesting a review of the date and place of the review at least ten calendar days prior to the review. The review shall be informal and conducted by the director of personnel or designee. The director of personnel or designee may limit attendance of other interested parties if good order, justice, and fairness will be promoted. Within ten calendar days following the review and the receipt of any additional necessary information, the director of personnel or designee shall issue a written determination and send a copy to each of the participating parties.

(3) An adversely affected party may request a hearing of the ((personnel)) board to review the determination of the director of personnel or designee. The request for a ((personnel)) board hearing must be in writing and received at the director of personnel's office within twenty calendar days following the postmarked date of the notification of the director's or designee's determination. A hearing before the ((personnel)) board shall be scheduled and each party shall be afforded not less than ten calendar days' notice. The ((personnel)) board will issue a written decision which will be final.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-02-040 (Order 414), 356-34-090, filed 1/5/93, effective 2/1/93. Statutory Authority: RCW 41.06.150. 87-13-040 (Order 278), 356-34-090, filed 6/15/87, effective 8/1/87; 87-06-024 (Order 271), 356-34-090, filed 2/24/87; 86-08-035 (Order 244), 356-34-090, filed 3/26/86, effective 5/1/86; Order 87, 356-34-090, filed 5/4/76, effective 6/5/76; Order 81, 356-34-090, filed 8/21/75, effective 9/21/75; Permanent and Emergency Order 50, 356-34-090, filed 10/19/72; Order 36, 356-34-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-28-020.]



AMENDATORY SECTION (Amending Order 36, filed 7/1/71, effective 8/1/71)



WAC 356-34-100  Agency hearings--General provisions. (1) Agencies and appointing authorities may conduct and take testimony concerning any actions for cause prior to demotion, suspension, reduction, dismissal, and abandonment; or during suspension or advance notice of such actions.

(2) No hearing shall be used to delay a person from appealing.

(3) Any employee with the right to appeal may request an agency to conduct a hearing concerning actions for cause prior to the effective date, or up to 30 calendar days after the effective date, provided the appeal has not been heard by the personnel appeals board. The appointing authority shall notify the director in writing of agency hearing dates if the agency grants the request for a hearing.



[Order 36, 356-34-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-090, 356-32-100, 356-32-110, 356-32-120.]



AMENDATORY SECTION (Amending WSR 86-08-035 (Order 244), filed 3/26/86, effective 5/1/86)



WAC 356-34-260  Appeals--Correction of rating. A correction of a rating shall not affect a certification or appointment which has already been made from the register. The decision of the ((personnel)) board in these matters shall be final.



[Statutory Authority: RCW 41.06.150. 86-08-035 (Order 244), 356-34-260, filed 3/26/86, effective 5/1/86; Order 36, 356-34-260, filed 7/1/71, effective 8/1/71. Formerly WAC 356-28-460.]



AMENDATORY SECTION (Amending WSR 90-07-057 (Order 342), filed 3/20/90, effective 5/1/90)



WAC 356-37-010  ((Personnel)) ((b))Board hearings--Procedure--Record. (1) Hearings before the ((personnel)) board shall be open to the public, except for cases in which the board determines there is substantial reason for not having an open hearing, or in cases where the appellant so requests. Hearings shall be informal with technical rules of evidence not applying to the proceedings, except for the rules of privilege recognized by law.

(2) Hearings may be conducted by only two members of the board, provided that if the two members cannot agree on a decision, a second hearing may be held in the presence of all three members of the board or the third member may review the record and participate in the decision.

(3) All parties may present and cross-examine witnesses, and give evidence before the board.

(4) The board may, and shall at the request of either party, issue subpoenas duces tecum. All testimony shall be on oath administered by a member of the board.

(5) The board shall keep an official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-010, filed 3/20/90, effective 5/1/90.]



Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



AMENDATORY SECTION (Amending WSR 96-07-093, filed 3/20/96, effective 5/1/96)



WAC 356-37-020  Prehearing procedures--Exhibits. (1) At any hearing before the ((personnel resources)) board when exhibits of a documentary character are offered into evidence, the party offering the exhibit shall provide a minimum of six copies: One each for the opposing parties, for the board members, for the court reporter, if any, and for the board's official file.

(2) The parties shall arrive at the hearing location at least thirty minutes before the time scheduled for the hearing for the purpose of exchanging copies of exhibits to be introduced. The parties shall pre-mark their exhibits for identification and present copies to other parties and the board's staff prior to commencement of the hearing.



[Statutory Authority: RCW 41.06.150. 96-07-093, 356-37-020, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-020, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 96-07-093, filed 3/20/96, effective 5/1/96)



WAC 356-37-030  Filing of prehearing statements. (1) Parties are encouraged to file prehearing statements of position with the ((personnel resources)) board. The board may request all parties to submit a prehearing statement. The statements should include a summary of the evidence the party intends to present; a listing of the rules, statutes, or contract provisions upon which the party intends to rely; a statement of the disposition requested; and an argument as to why the party is entitled to the requested disposition. Such documents shall be provided to the board and to the opposing party no later than fourteen calendar days prior to the scheduled hearing date. Any response by the opposing party shall be served no later than seven calendar days prior to the scheduled hearing date or at such time as set at the prehearing conference.

(2) A party submitting prehearing statement(s) shall provide the original and three copies to the board, and one copy to the opposing party.

(3) The board will determine whether to consider documents that are filed at the time of the hearing.



[Statutory Authority: RCW 41.06.150. 96-07-093, 356-37-030, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-030, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 96-07-093, filed 3/20/96, effective 5/1/96)



WAC 356-37-040  Scheduling of hearings. Prior to scheduling the hearing, the hearings coordinator will give the parties an opportunity to indicate preferred dates and amount of time allotted for the hearing. The hearings coordinator shall schedule all hearings before the ((personnel resources)) board with written notice, specifying the time, place, and length of the hearing. Notice of hearing shall be mailed not less than thirty calendar days prior to the date of the hearing, unless all parties agree to a shorter notice period. Primary and/or secondary hearings may be scheduled.



[Statutory Authority: RCW 41.06.150. 96-07-093, 356-37-040, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-040, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 90-07-057 (Order 342), filed 3/20/90, effective 5/1/90)



WAC 356-37-070  Ethical conduct before the ((personnel)) board. All persons appearing in proceedings before the ((personnel)) board in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of Washington. If any such person does not conform to these standards, the board may decline to permit such person to appear in a representative capacity.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-070, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 94-08-024, filed 3/29/94, effective 5/1/94)



WAC 356-37-080  Service of process. (1) The ((personnel resources)) board shall cause to be served all orders, notices, and other papers issued by the board, together with any other papers which the board is required by law to serve. Every other paper shall be served by the party filing the notice, document or paper.

(2) All notices, documents, or papers served by either the ((personnel resources)) board or any other party shall be served upon all counsel of record at the time of such filing and upon parties not represented by counsel. Service of papers shall be made either personally or by first class, certified mail, or by electronic telefacsimile transmission and same-day mailing of copies. Correspondence between the ((personnel resources)) board and state agencies or institutions may be sent via the state mail service.

(3) Service upon parties shall be regarded as complete when personal service has been accomplished; or by mail upon deposit, properly stamped and addressed. Service by electronic telefacsimile transmission shall be regarded as complete upon production by the telefacsimile device of confirmation of transmission.

(4) When actual receipt is specified by rule, service upon the ((personnel resources)) board shall be regarded as complete when the papers are actually received in the office of the director of personnel. Service by electronic telefacsimile transmission shall be regarded as complete upon production by the telefacsimile device of confirmation of transmission. Filing at the department of personnel is only available between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding designated holidays. When actual receipt is not specified by rule, service by mail is complete when postmarked.



[Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 94-08-024, 356-37-080, filed 3/29/94, effective 5/1/94. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-080, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 90-07-057 (Order 342), filed 3/20/90, effective 5/1/90)



WAC 356-37-130  Quashing. Upon motion promptly made by a party or by the person to whom the subpoena is directed and upon notice to the party who issued the subpoena, the ((personnel)) board may:

(1) Quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or

(2) Condition denial of the motion upon just and reasonable conditions.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-130, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 90-07-057 (Order 342), filed 3/20/90, effective 5/1/90)



WAC 356-37-140  Orders for discovery. The ((personnel)) board may issue orders for discovery by analogy to the superior court rules or the requirements of justice.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-140, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 90-07-057 (Order 342), filed 3/20/90, effective 5/1/90)



WAC 356-37-150  Proof of charges. At any hearing before the ((personnel)) board, the party seeking relief or filing charges shall have the burden of proof.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), 356-37-150, filed 3/20/90, effective 5/1/90.]



AMENDATORY SECTION (Amending WSR 96-07-093, filed 3/20/96, effective 5/1/96)



WAC 356-37-160  Prehearing conference. (1) The ((personnel resources)) board or its designee may direct the parties or their representatives to engage in an informal prehearing conference(s) to address the following:

(a) Statement of issue;

(b) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;

(c) Discovery, discovery methods and discovery deadlines;

(d) The number of witnesses expected to be called and their names when possible;

(e) The approximate time necessary for presentation of the evidence of the respective parties;

(f) Whether or when motions may be brought;

(g) Exhibits;

(h) Affidavits;

(i) Scheduling the hearing before the board; and

(j) Such other matters as may aid in the prompt disposition of the petition.

(2) Prehearing conferences may be held by telephone conference call or at a time and place mutually agreed upon by the parties.

(3) The parties are encouraged where possible to resolve their disputes. To facilitate such resolution, the board or its designee may recess the conference at any time to give the parties time to discuss settlement. In the event settlement is reached, the grievant/petitioner or representative shall sign a request to withdraw the petition.



[Statutory Authority: RCW 41.06.150. 96-07-093, 356-37-160, filed 3/20/96, effective 5/1/96.]



AMENDATORY SECTION (Amending WSR 78-02-049 (Order 116), filed 1/19/78)



WAC 356-39-020  Human resource development--State-wide philosophy/definition. Optimum utilization of its human resources aids state government in providing effective and economic services. Therefore, it is the ((personnel)) board's philosophy that a highly productive, motivated workforce be achieved and maintained through a state-wide program of human resource development.



[Statutory Authority: RCW 41.06.150(17). 78-02-049 (Order 116), 356-39-020, filed 1/19/78.]



AMENDATORY SECTION (Amending WSR 80-13-047 (Order 147), filed 9/16/80)



WAC 356-39-060  ((Department of personnel)) ((h))Human resource development planning. Each agency shall submit a summary of its biennial human resource development plan to the department of personnel for review.

(1) The department shall provide each agency with an evaluation of its plan. The evaluation shall include recommendations for sharing resources to meet common objectives among the agencies.

(2) Upon agency request, the department shall assist in the preparation of the agency's plan.

(3) The department shall prepare a human resource development plan with objectives and identification of resources to accomplish interagency human resource development activities which have been proposed through agency plans. The department shall distribute its plan to the agencies.

(4) The department shall consider each agency's human resource development activities in preparation of the state's classification plan and in the department's testing process.



[Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), 356-39-060, filed 9/16/80; 78-02-049 (Order 116), 356-39-060, filed 1/19/78.]



AMENDATORY SECTION (Amending WSR 78-02-049 (Order 116), filed 1/19/78)



WAC 356-39-080  ((Department of personnel)) ((r))Review of agencies' human resource development reports. The department of personnel shall review each agency's annual evaluation as it relates to the agency's human resource development plan.

(1) The department shall summarize the agencies' reports, highlighting innovative techniques that have interagency application, and shall submit the summary to the agencies, the ((personnel)) board, the governor and the legislature.

(2) The department shall develop an evaluation process to determine the effectiveness of its human resource development activities. In its annual evaluation summary, the department shall include data from this evaluation process.



[Statutory Authority: RCW 41.06.150(17). 78-02-049 (Order 116), 356-39-080, filed 1/19/78.]



AMENDATORY SECTION (Amending WSR 89-02-011 (Order 312), filed 12/28/88, effective 2/1/89)



WAC 356-42-010  Membership in employee organization. (1) State employees shall have the right to affiliate with, be represented by and participate in, the management of employee organizations. State employees shall have the right to be represented by such organizations in collective negotiations with appointing authorities. No persons or parties shall directly or indirectly interfere with, restrain, coerce or discriminate against any state employee or group of state employees in the free exercise of these rights. However, the right not to affiliate with employee organizations shall be modified by the certification of a union shop representative according to WAC 356-42-043.

(2) Any employee organization or person desiring to represent state employees before the ((state personnel)) board or in collective negotiations with an appointing authority must first file a notice of intent to represent state employees with the director of personnel. Such notice of intent to represent state employees must set forth the name of the person or employee organization, and if the latter, the name of an agent authorized to speak on its behalf; a mailing address and telephone number; a general description of the types of employment falling within the intended area of representation; and a copy of a constitution, by-laws, or any other documents defining powers and authorizing representation of the parties filing the notice of intent.

(3) An employee organization which is, or desires to be, an exclusive bargaining representative for a bargaining unit which has chosen to be a union shop must have a written procedure concerning representation fees which complies with applicable statutory and constitutional requirements. Such employee organization must provide to the director a written opinion of the employee organization's attorney that its representation fee procedure is in compliance with applicable statutory and constitutional requirements.



[Statutory Authority: RCW 41.06.150. 89-02-011 (Order 312), 356-42-010, filed 12/28/88, effective 2/1/89. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), 356-42-010, filed 9/16/80; Order 69, 356-42-010, filed 9/30/74; Order 36, 356-42-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-010.]



AMENDATORY SECTION (Amending WSR 96-13-074, filed 6/18/96, effective 8/1/96)



WAC 356-42-020  Determination of bargaining unit. (1) Determination, alteration, or modification of an appropriate bargaining unit shall be made by the ((personnel)) board upon petition from an employee organization, or upon the board's own motion after 20 days' notice has been given to the appointing authority and to affected employees and their representatives.

(2) Prior to an employee organization petitioning the ((personnel)) board for creation or modification of a bargaining unit, the petitioning employee organization will confer with the appointing authority on the proposed unit creation or unit modification.

(3) If an appointing authority has reason to believe that an existing bargaining unit in the appointing authority's agency or department is no longer appropriate, the appointing authority may request the ((personnel)) board to consider modification of the bargaining unit. However, if there is an employee organization certified as exclusive bargaining representative for that unit, the appointing authority will first confer with the certified employee organization on the proposed modification prior to presenting the request to the ((personnel)) board. The ((personnel)) board may choose to consider such unit modification questions and would act on its own motion as designated in WAC 356-42-020(1).

(4) In determining a bargaining unit, the ((personnel)) board shall consider the following factors:

(a) Duties, skills and working conditions of the employees.

(b) History of collective bargaining by the employees and their representatives.

(c) Extent of organization among the employees.

(d) Desires of the employees.

(5) Any petition filed hereunder should set forth all pertinent facts and supporting reasons, as comprehensively as possible, to aid the ((personnel)) board in its determination.

(6) At the hearing on a petition, the ((personnel)) board shall make an oral determination regarding the proposed action. Thereafter, the board shall enter an appropriate order containing findings of fact and conclusions of law reflecting the oral determination. Unless otherwise provided, the effective date for the creation or modification of a bargaining unit shall be the date of the board's oral determination.

(7) Bargaining units normally shall not include both supervisory and nonsupervisory employees unless such inclusion is justified by application of the criteria identified in subsection (4) of this section. Employees will not be excluded from a bargaining unit based solely on their supervisory status where supervisors have historically been included in the unit.

(8) Where all or part of a state agency is combined with another agency, the board may determine the continued appropriateness of existing bargaining units affected by that action and modify those units accordingly. The determination of successorship of incumbent exclusive representatives shall be addressed.



[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-074, 356-42-020, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06 150. 88-18-010 (Order 307), 356-42-020, filed 8/26/88. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), 356-42-020, filed 9/16/80; Order 42, 356-42-020, filed 1/11/72; Order 36, 356-42-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-020.]



AMENDATORY SECTION (Amending WSR 96-07-093, filed 3/20/96, effective 5/1/96)



WAC 356-42-055  Arbitration--Grievance--Procedure. Whenever arbitration of a grievance is requested of the ((personnel resources)) board pursuant to an agreement as authorized by WAC 356-42-050(2), the procedure set forth below shall apply:

(1) The request for arbitration shall be in the form of a complaint. It shall be filed on a form supplied by the board, or in a writing containing the same information as required on the form within thirty calendar days or less from the date the director of personnel or designee indicates in writing that the mediation is at impasse. The request shall state the following:

(a) The name, address and telephone number of the party filing the request, and the name, address and telephone number of any principal representative.

(b) The name, address and telephone number of the opposing party, and, if known, the opposing party's principal representative.

(c) Clear and concise statements of the facts upon which the grievance is based, including times, dates, places and participants in occurrences.

(d) A listing of the applicable sections of the collective bargaining agreement, rules, policies, etc., upon which the grievance is based and which are claimed to be violated. A copy of the collective bargaining agreement or of the pertinent sections of the agreement shall be attached to the request for arbitration.

(e) A statement of the specific issue(s) to be arbitrated.

(f) A statement of the relief sought.

(g) The signature and, if any, the title of the person filing the request for arbitration.

(h) A copy of the original grievance and the agency's last written response to the grievance shall be attached to the request for arbitration.

(2) By mutual agreement the parties to the grievance may extend the thirty-day time frame for requesting arbitration established in subsection (1) of this section. Agreements to extend the time frame shall be reported in writing by the parties to the director of personnel.

(3) The board's hearings coordinator shall review the request for arbitration to determine compliance with subsection (1) of this section. If the hearings coordinator determines the request is incomplete, the person filing the request is notified of the portions which need to be supplemented or changed to comply with subsection (1) of this section. When the hearings coordinator determines that the request substantially complies with subsection (1) of this section he or she shall mail, or otherwise cause to be served, the request on the opposing party(ies). Any refusal by the hearings coordinator to serve the request for arbitration on the opposing party is reviewable by the board upon motion of the requesting party.

(4) After the request for arbitration is served on the opposing party(ies), the board or the board's designee may direct the parties or their representatives to engage in a prehearing conference(s) in accordance with WAC 356-37-160.

(5) The board's hearings coordinator shall schedule the arbitration for hearing pursuant to WAC 356-37-040.

(6) Within thirty calendar days from the date of service of the acknowledgment of the arbitration request, the respondent shall submit a written statement of issues(s) to be arbitrated. If no response is received, the petitioners' statement of issue(s) will be deemed to be the issue(s) at the arbitration hearing unless otherwise determined by the ((personnel resources)) board.

(7) Upon stipulation between the parties, the board or designee may grant the grievant's request to waive the right to an evidentiary hearing and thereafter require the parties to submit written evidence upon which the board or designee may act without a hearing.

(8) If the matter is heard directly by the board, a final and binding decision will be issued. If the matter is heard by the board's designee, a recommended decision will be issued. Within thirty calendar days of its service, either party may request the board to review the designee's decision. The review will be limited to specific areas of the decision to which the party takes exception. The requesting party must provide written argument in support of the exceptions. The board will consider the exceptions and may in its discretion hear oral argument. Thereafter, the board will issue a decision which shall be final and binding on the parties. The designee's decision will become final and binding forty calendar days after it was served on the parties if no exceptions are filed, unless the board calls a hearing to reconsider the decision.

(9) The grievant shall have the burden of proof and go forward with the evidence.

(10) The board or its designee shall be the judge of relevancy and materiality of evidence offered. Technical rules of evidence shall not apply to the proceedings.

(11) The provisions of chapter 356-37 WAC (Hearings--General procedures) shall apply to the conduct of grievance arbitration hearings, except as otherwise provided in this section.



[Statutory Authority: RCW 41.06.150. 96-07-093, 356-42-055, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-08-020 (Order 340), 356-42-055, filed 3/28/90, effective 5/1/90; 89-19-063 (Order 331), 356-42-055, filed 9/20/89, effective 10/21/89. Statutory Authority: RCW 41.06.150. 88-18-010 (Order 307), 356-42-055, filed 8/26/88; 84-23-059 (Order 211), 356-42-055, filed 11/20/84. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-055, filed 10/26/82.]



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-080  Unfair labor practice. The ((personnel)) board, or its designee whose final decision is appealable to the ((personnel)) board, is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. This power shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-080, filed 10/26/82; Order 36, 356-42-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-053.]



AMENDATORY SECTION (Amending WSR 88-18-010 (Order 307), filed 8/26/88)



WAC 356-42-082  Filing unfair labor practice charge. (1) A charge or charges that any employing agency or employee organization has committed an unfair labor practice, as defined in these rules and RCW 41.56.150, may be filed with the ((personnel)) board by any employee, group of employees, employee organization, employing agency, or their authorized agents.

(2) Unfair labor practice charges shall be filed with the director of personnel within six months of the date on which the charging party reasonably could have known of the alleged unfair labor practice.

(3) Unfair labor practice charges shall be in writing in the form of a complaint of unfair labor practices, or on a form provided by the ((personnel)) board or its designee. The charge shall contain the following:

(a) The name, address and telephone number of the charging party, and the name, address and telephone number of the party's principal representative, if any.

(b) The name, address and telephone number of the party against whom the charge is being filed, and, if known, the principal representative of the charged party.

(c) Clear and concise statements of the facts constituting the alleged unfair labor practice(s), including times, dates, places and participants in occurrences.

(d) A listing of the specific unfair labor practice(s) alleged to have been committed including reference to the applicable subsection(s) of the statute and regulation defining unfair labor practices. If the charging party is not represented, this subsection may be left blank pending the investigation of the charge.

(e) A statement of the relief sought by the charging party.

(f) The signature and, if any, the title of the person filing the charge.



[Statutory Authority: RCW 41.06.150. 88-18-010 (Order 307), 356-42-082, filed 8/26/88. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-082, filed 10/26/82.]



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-083  Investigation of and disposition of unfair labor practice charges. (1) Upon receipt of a properly completed unfair labor practice charge, the director of personnel's designee shall conduct an investigation to determine whether or not the charge(s) is frivolous or substantially without merit. If it is found that the charge(s) is not frivolous or is not without substantial merit, a complaint shall be issued. If the charge(s) is found to be frivolous or substantially without merit, the charge(s) shall be dismissed. Dismissal of the charge is appealable to the ((personnel)) board.

(2) If a charge does not contain all of the information required by WAC 356-42-082(3), the director of personnel or designee shall return the charge to the charging party for inclusion of the required information. If a complaint is issued, it shall be in the same form as the charge.

(3) The director of personnel or designee shall mail, or otherwise cause to be served, the complaint to the charged party.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-083, filed 10/26/82.]



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-084  Answer to complaint--Unfair labor practice. (1) The charged party shall have the right to file its answer to the unfair labor practice complaint with the ((personnel)) board within five days of service of the complaint, exclusive of Saturdays, Sundays, and holidays. After the expiration of such time period, the charged party shall no longer have the right to file an answer and may do so only if the ((personnel)) board, for good cause shown, permits an answer to be filed. The charged party shall serve its answer on the charging party when it files its answer with the ((personnel)) board.

(2) The answer shall specifically admit, deny or explain each of the facts alleged in the complaint. If the charged party is without knowledge sufficient to form a belief as to the truth or falsity of any specific allegation, that fact shall be so stated and shall operate as a denial of that allegation. Failure to answer all or any part of the complaint within the time required shall, except for good cause shown, be deemed an admission of such allegation(s) not answered.

(3) Facts admitted in the answer, either by specific admission or failure to answer as required, except for good cause shown, shall be considered true for purposes of the remainder of the unfair labor practice proceeding, and shall constitute a waiver by the charged party of a hearing as to the facts so admitted.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-084, filed 10/26/82.]



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-085  Amendment of complaint or answer--Unfair labor practice. The ((personnel)) board may allow a complaint or answer to be amended at any time before the close of the hearing, upon motion of the party concerned, for good cause shown and upon such terms as the ((personnel)) board may deem appropriate under the circumstances. Timeliness in making the motion shall be a factor in determining whether it will be granted.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-085, filed 10/26/82.]



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-086  Hearing--Unfair labor practice. (1) After receipt of the answer of the charged party, the ((personnel)) board, or its designee, shall set the matter for hearing. The parties shall each be given at lease twenty days notice of the hearing, unless they agree to waive such notice.

(2) The charging party shall prosecute the complaint and shall have the burden of proof.

(3) The hearing shall be limited to the issues and questions of fact raised by the complaint and answer of the parties.

(4) The technical rules of evidence prevailing in the courts need not be applied by the ((personnel)) board except for the rules of privilege.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-086, filed 10/26/82.]



Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-088  Hearings and investigation--Unfair labor practice. For the purpose of all hearings and investigations, which, in the opinion of the ((personnel)) board or its designee, are necessary and proper for the exercise of the powers vested in it by chapter 41.56 RCW, the ((personnel)) board or its designee shall, at all reasonable times, have access to, for the purposes of examination, and the right to examine, copy or photograph any evidence, including payrolls or lists of employees, of any person being investigated or proceeded against that relates to any matter under investigation or in question. The ((personnel)) board or its designee shall have power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the ((personnel)) board or its designee. The ((personnel)) board or its designee may administer oaths and affirmations, examine witnesses, and receive evidence.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-088, filed 10/26/82.]



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-089  Enforcement--Unfair labor practice. The ((personnel)) board or any party to the proceedings, at least thirty days after the ((personnel)) board has entered its findings of fact, conclusions of law and order, shall have power to petition the superior court for enforcement of its order and for appropriate temporary relief or restraining order, all as provided in RCW 41.56.190.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-089, filed 10/26/82.]



AMENDATORY SECTION (Amending WSR 82-22-020 (Order 177), filed 10/26/82)



WAC 356-42-100  Impasse arbitration. If the director of personnel is unable to bring the parties to agreement through mediation, the appointing authority or designee or the certified exclusive representative may submit the dispute to the ((personnel)) board. As soon as practicable after submission of the dispute to arbitration each party shall file with the ((personnel)) board a summary of:

(1) The matters in dispute;

(2) The position of the party on the matters in dispute; and

(3) Desired contract language.

The ((personnel)) board shall then schedule and hold a hearing. The decision of the ((personnel)) board shall be final and binding.



[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-42-100, filed 10/26/82; Order 36, 356-42-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-070.]



AMENDATORY SECTION (Amending WSR 88-18-010 (Order 307), filed 8/26/88)



WAC 356-42-105  Requests for arbitration. A request for arbitration per WAC 356-42-055 shall not be allowed if the grievant(s) involved has the same charges or issues pending before the ((personnel)) board for processing per WAC 356-42-082 or before the personnel appeals board for processing per Title 358 WAC.



[Statutory Authority: RCW 41.06.150. 88-18-010 (Order 307), 356-42-105, filed 8/26/88.]



AMENDATORY SECTION (Amending WSR 78-10-070 (Order 123), filed 9/26/78)



WAC 356-46-030  Disclosure of political, religious affiliations--Prohibited. No recommendation of any applicant, eligible or employee involving a disclosure of political or religious opinions or affiliations shall be considered or filed by the agencies, the ((state personnel)) board or any office or employee concerned in making appointments or promotions.



[Statutory Authority: RCW 46.06.150(17) [41.06.150(17)]. 78-10-070 (Order 123), 356-46-030, filed 9/26/78. Statutory Authority: RCW 41.06.150(17). 78-07-008 (Order 121), 356-46-030, filed 6/12/78; Order 36, 356-46-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-160.]



AMENDATORY SECTION (Amending WSR 90-12-028 (Order 354), filed 5/30/90, effective 7/1/90)



WAC 356-46-060  Agencies--Personnel and payroll records. (1) Each agency shall maintain a record of each employee showing the name, title, position held, organizational assignment, salary, changes of employment status, attendance, leaves, annual performance evaluations, and such other information as may be necessary for the administration of regulations. Personnel and payroll records shall be open to the inspection of the ((personnel)) board, state auditor, and the director of personnel or designee. The original personnel and payroll file shall accompany the employee throughout his/her service career including inter-system movement.

(2) Agencies shall publish policies pertaining to the retention and confidentiality of personnel records in accordance with these rules and chapter 40.14 RCW which are consistent with the following requirements:

(a) Agencies shall designate the official depository and custodian of personnel records.

(b) Agencies shall ensure that employees have knowledge of all job performance information inserted into the personnel record pertaining to the employee.

(c) Employees and/or their representatives may review the employee's personnel records, subject to policies of the employing agency.

(d) Employees or their representatives contesting allegedly erroneous, prejudicial, or otherwise adverse information in the employee's personnel records may insert rebuttal or refuting documentation into their personnel records.

(e) Information in the personnel records relating to employee misconduct shall be destroyed in accordance with policies established in chapter 40.14 RCW in situations where the employee is exonerated or where the information is found to be false. The agency's record retention plan shall provide for the prompt destruction of this information.

(f) Information relating to employee misconduct committed in the performance of off-duty activities shall be placed in the personnel records and retained by the agency in accordance with policies established in chapter 40.14 RCW, only where said information has a reasonable bearing on the employee's job performance. Employees may request that such information be removed from their personnel record at the conclusion of the retention period. The information may be retained by the agency if it has a reasonable bearing on the efficient and effective management of the agency.

(g) Information relating to employee misconduct that is committed in the performance of state business shall be maintained by the agency for a minimum of six years or in accordance with policies established in chapter 40.14 RCW. Employees may request that such information be removed from their personnel record at the conclusion of the retention period. The information may be retained by the agency if it has a reasonable bearing on the efficient and effective management of the agency.

(h) Notwithstanding paragraphs (e), (f) and (g) of this section, agencies may retain information relating to employee misconduct or alleged misconduct if the employee requests that the information be retained or if agency management reasonably expects that the information will be needed in a pending or prospective legal action.

(3) The agency shall submit its policy relating to the retention and confidentiality of personnel records to the director of personnel for approval and filing.



[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-12-028 (Order 354), 356-46-060, filed 5/30/90, effective 7/1/90. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-46-060, filed 8/10/84. Statutory Authority: RCW 41.06.150. 84-04-022 (Order 197), 356-46-060, filed 1/24/84. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-46-060, filed 10/26/82; 80-06-033 (Order 144), 356-46-060, filed 5/9/80; Order 100, 356-46-060, filed 3/30/77; Order 36, 356-46-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-210, 356-32-220.]



AMENDATORY SECTION (Amending WSR 95-01-074, filed 12/15/94, effective 2/1/95)



WAC 356-46-125  Drug testing--Limitations--Uses. Except as required by federal or state laws or as provided in subsection (1) of this section, no agency may perform or cause to be performed a drug test of any employee or prospective employee.

(1) An agency may require a specific employee to submit to drug testing designed to identify the presence in the body of controlled substances referenced under chapter 69.50 RCW, other than drugs prescribed by a physician, if:

(a) The agency has specific, objective grounds stated in writing to believe the employee's work performance is impaired due to the presence of such substances in the body; and

(b) The employee is in a position where such impairment presents a danger to the physical safety of the employee or another; and

(c) The agency has a specific written policy authorizing such test, establishing procedures under which they may be conducted, and protecting the confidentiality of the results, provided the results may be disclosed in an action or proceeding challenging any disciplinary action arising from the incident which led to the test. The agency's proposed policy must be submitted to the affected exclusive bargaining representative or representatives and approved by the director of the department of personnel before implementation.

(2) An employee who is found to be impaired on the job due to the use of controlled substances may be subject to disciplinary action in accordance with existing laws and regulations, but the results of such drug test shall provide no independent basis for disciplinary action. However, the agency may use the results of a drug test to require an employee to successfully complete a rehabilitation plan. The rehabilitation plan terms may require the employee to pass all subsequent drug tests. In this situation, the independent use of a subsequent drug test may be the basis for disciplinary action.

(3) In the event an employee is found to have used controlled substances, the agency shall inform the employee of available assistance through the employee advisory service or other similar program.

(4) Nothing herein shall prevent an agency from conducting medical screening to monitor exposure to toxic or other unhealthy substances in the work place, provided such screenings are limited to the specific substances reasonably believed to be present.

(5) Except as expressly set forth above, nothing herein shall add to or detract from any agency authority under chapter 41.06 RCW or regulations of the ((personnel resources)) board to establish job performance standards, or conditions of employment, or to base continued employment on satisfactory job performance.



[Statutory Authority: Chapter 41.06 RCW, RCW 41.06.150. 95-01-074, 356-46-125, filed 12/15/94, effective 2/1/95. Statutory Authority: RCW 41.06.150. 88-03-042 (Order 291), 356-46-125, filed 1/19/88, effective 3/1/88.]



AMENDATORY SECTION (Amending WSR 84-11-091 (Order 204), filed 5/23/84, effective 9/1/84)



WAC 356-49-010  Inter-system employment--Purpose. The general purpose of this chapter is to permit permanent classified employees of ((the)) higher education ((personnel board)) institutions to promote, transfer, or voluntarily demote to permanent classified positions ((under the jurisdiction of the state personnel board)) in agencies via the inter-system employment register.



[Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), 356-49-010, filed 5/23/84, effective 9/1/84.]



AMENDATORY SECTION (Amending WSR 84-11-091 (Order 204), filed 5/23/84, effective 9/1/84)



WAC 356-49-020  Application of rules. Insofar as they do not conflict with the provisions of chapter 356-49 WAC, upon movement into the classified service under ((the jurisdiction of the state personnel board)) Title 356 WAC, the remainder of the merit system rules will apply.



[Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), 356-49-020, filed 5/23/84, effective 9/1/84.]



AMENDATORY SECTION (Amending WSR 84-11-091 (Order 204), filed 5/23/84, effective 9/1/84)



WAC 356-49-030  Eligibility((--Higher education personnel board permanent classified employee))--Definition. An employee who is currently employed and who has gained permanent classified status at ((an)) a higher education institution ((governed by the higher education personnel board)).



[Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), 356-49-030, filed 5/23/84, effective 9/1/84.]



AMENDATORY SECTION (Amending WSR 85-21-113 (Order 237), filed 10/23/85, effective 12/1/85)



WAC 356-49-040  Inter-system movement ((between higher education personnel board/state personnel board jurisdiction)). (1) Permanent classified employees of higher education institutions desiring to promote, transfer, or voluntarily demote to ((state personnel board)) agency classified positions must:

(a) Submit a Washington state application for employment in accordance with a current examination announcement.

(b) Successfully complete the designated examination.

(c) Have their name placed on the appropriate register as provided in WAC 356-26-070.

(d) Be certified to vacancy(ies) as provided in WAC 356-26-070.

(e) Serve a trial service period of six months. If the trial service period is not satisfactorily completed, the employee shall be placed on the appropriate eligible list as provided by the higher education personnel ((board)) rules (Title 251 WAC).

(2) Permanent classified employees desiring to promote, transfer, or voluntarily demote to ((state personnel board)) agency classified positions will:

(a) Be unable to bump if laid off during such trial service period even though layoff seniority will move with employees to the new position.

(b) Bring their accumulated vacation leave, sick leave and seniority with them; however, continued accumulation will be governed by the appropriate merit system rules.

(c) Retain their former periodic increment date except upon promotion as provided by WAC 356-14-120.

(3) Classified employees ((under the jurisdiction)) of ((the)) higher education ((personnel board)) institutions who have been or are going to be separated because of reduction in force action shall be certified to any agency vacant classified positions ((under the jurisdiction of the state personnel board)), provided:

(a) The employees are qualified as determined by the director of personnel, or designee; and

(b) No other agency employees ((under the jurisdiction of the state personnel board)) are eligible to be certified from the reduction in force registers, or transferred, or promoted into vacancies; and

(c) The employees have greater seniority than other such qualified employees ((under the jurisdiction of the higher education personnel board)) involved in reduction in force action; and

(d) The employees are being offered the opportunity according to the department of personnel procedure established for that purpose.



[Statutory Authority: RCW 41.06.150. 85-21-113 (Order 237), 356-49-040, filed 10/23/85, effective 12/1/85; 84-11-091 (Order 204), 356-49-040, filed 5/23/84, effective 9/1/84.]

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