WSR 99-01-051



[Filed December 10, 1998, 10:59 a.m.]

Date of Adoption: December 10, 1998.

Purpose: These changes will bring general government personnel rules into compliance with Initiative 200.

Citation of Existing Rules Affected by this Order: Amending WAC 356-09-050, 356-22-090, 356-26-060, and 356-30-010.

Statutory Authority for Adoption: RCW 41.06.150.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The emergency adoption is necessary to bring general government rules into compliance with Initiative 200.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 4, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 4, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 4, repealed 0.

Effective Date of Rule: Immediately.

December 10, 1998

Dennis Karras


AMENDATORY SECTION (Amending Order 388, filed 9/23/91, effective 11/1/91)

WAC 356-09-050  Affirmative action program--Testing. (1) The department of personnel will make reasonable accommodations for persons of disability who require such during test procedures.

(2) The department of personnel may test ((a protected group member)) persons with disabilities, Vietnam era and disabled veterans, and persons age 40 and above after the closing date of the recruitment announcement, provided:

(a) A register exists for the class; and

(b) The employing agency or the state has not met affirmative action goals for ((a)) the specific ((protected group)) category for that class or job ((category)); and

(c) The ((protected group's)) category's representation ((on the register)) in the state workforce is less than ((the)) its availability ((for the protected group)); and

(d) The applicant is a member of the ((protected group)) category identified in (b) and (c) of this subsection, and met minimum qualifications at the time of application; and

(e) The ((protected group member)) applicant being examined has not been tested under the same recruitment announcement within the past thirty calendar days.

(f) The test may not be taken more than three times within a 12-month period unless the examination content has been substantially changed.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-034 (Order 388), 356-09-050, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), 356-09-050, filed 1/2/87.]

AMENDATORY SECTION (Amending Order 390, filed 9/23/91, effective 11/1/91)

WAC 356-22-090  Examinations--Composition. (1) The director of personnel, or designated representative, shall determine, by uniform standards, the appropriate examination for a register for a class and the tests, or combination of tests and relative weights to be assigned. Examinations shall be practical in nature and of such character as to determine the capacity of the applicant to perform the duties of the particular class of positions for which the applicant is competing as well as the applicant's general background and related knowledge, and shall be rated objectively. Examinations will be developed and administered in a manner that minimizes bias due to cultural differences. A passing score may be required on each test included in the examination.

Examinations shall normally consist of one or a combination of the following:

(a) A written test.

(b) A performance test.

(c) An oral test.

(d) An evaluation of experience and training.

(2) When the director of personnel determines that the number of applicants responding to an examination announcement is excessive in relation to the number of projected job openings, the director may limit admission to the oral test to those scoring highest on a preliminary test which may be a written test, performance test, or an evaluation of experience and training. The number admitted to the oral test shall be at least twice the number of anticipated vacancies for the subsequent year or 20% of those applicants with passing scores, whichever is greater; but never less than 16 or the entire body of passing applicants, whichever is less.

(3) When the director of personnel determines that the number of applicants to be admitted to the oral examination will be limited by a screening procedure as authorized by WAC 356-22-090(2), the department will ensure that, in addition, a representative number of ((those protected group members)) persons with disabilities, Vietnam era and disabled veterans, and persons age 40 and above who were accepted under the examination announcement and who passed the preliminary test are also admitted to the oral examination.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-036 (Order 390), 356-22-090, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150(17). 81-13-030 (Order 157), 356-22-090, filed 6/15/81; Order 49, 356-22-090, filed 8/17/72; Order 44, 356-22-090, filed 4/14/72; Order 36, 356-22-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-180 and 356-16-190.]

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

WAC 356-26-060  Certification--General methods. Upon receipt of a request for certification, the director of personnel shall normally certify to the appointing authority a list of names equal in number to six more than there are vacancies to be filled from the ranked registers except:

(1) One name will constitute a complete certification when referrals are made from the agency reduction in force register, the service-wide reduction in force register, or the dual agency reversion register. When an appointing authority requests a selective certification for specialized qualifications, the eligible candidate must meet the selective criteria in order to be referred to the position, provided:

(a) The criteria were approved when the position was established, reallocated, or last filled; or

(b) The specialized qualifications were previously required for a classification that was later merged with other classifications that did not require them; or

(c) It has been determined that the position involves new duties that would warrant future selective certification. Such selective criteria shall not be applied for certification purposes until six months after the department of personnel approves the selective criteria for the position.

(d) In the case of (a), (b), or (c) of this subsection, the director of personnel or designee must determine that the specialized qualifications are still required for successful job performance and cannot be learned within a reasonable length of time.

(2) Where all names are certified exclusively from an open competitive register, the director of personnel may certify in ranked order up to all of the names from the open competitive register: Provided, That the appointing authority shall select from those eligibles available from the highest ranking names which constitute seven names per vacancy to be filled.

(3) The names of candidates from the same register who have the same score as the lowest score to be certified will also be certified.

(4) An unranked register may be used to complete a certification. An agency may request the transfer, reemployment, and/or voluntary demotion register(s) to complete a certification. In such cases, all names appearing on the specified register shall be certified. Subsequent unranked registers shall not be used until the certification is again incomplete.

(5) When the vacancy to be filled is identified as part of an agency's affirmative action goals as established by their approved affirmative action plan, the director of personnel may, except where there are employees on the reduction in force register, refer up to three additional names per vacancy of individuals who are on existing registers and who are ((members of the protected groups)) persons with disabilities, Vietnam era and disabled veterans, and persons age 40 and above. More than three additional names per vacancy will be certified if there are ((protected group candidates)) eligibles in these categories with the same score as the lowest score to be certified. This action may be taken when necessary to comply with the best standards of personnel administration as contemplated by chapter 41.06 RCW.

Prior to the utilization of this subsection, the agency shall determine if there are ((protected group members)) eligibles in these categories on the existing registers. If there are fewer than three ((protected group members)) such eligibles on the register, the agency shall:

(a) Appoint one of the eligibles from the register; or

(b) Request assistance from the department of personnel in completing the certification. The department of personnel and the agency will then initiate targeted recruitment.

(6) When one or more of the following conditions exist, the director of personnel or designee may certify a sufficient number of names to assure that the requesting agency has not less than seven names available for consideration:

(a) The position is in an isolated or undesirable location.

(b) The position has undesirable working conditions.

(c) The agency needs to fill several positions in the class.

(d) One or more agencies have had difficulty filling positions in the class.

(e) The director of personnel or designee determines that such certification is necessary to provide the requesting agency with efficient service.

If such certification contains seven or more available promotional candidates, agencies shall appoint from the promotional candidates.

(7) Permanent employees certified from a ranked register for consideration of appointment shall be notified by the agency at the time of the referral. Upon appointment the agency shall advise those employees certified but not appointed of the action taken.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-26-060, filed 9/22/93, effective 10/23/93; 93-08-048 (Order 416), 356-26-060, filed 4/2/93, effective 5/3/93; 91-02-030 (Order 366), 356-26-060, filed 12/24/90, effective 2/1/91; 90-12-022 (Order 348), 356-26-060, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 87-24-025 (Order 284), 356-26-060, filed 11/24/87, effective 1/1/88; 87-02-038 (Order 267), 356-26-060, filed 1/2/87; 86-21-114 (Order 261), 356-26-060, filed 10/20/86, effective 12/1/86; 85-23-048 (Order 238), 356-26-060, filed 11/18/85. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-26-060, filed 9/22/82; 81-20-060 (Order 161), 356-26-060, filed 10/5/81; 81-03-017 (Order 151), 356-26-060, filed 1/12/81. Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), 356-26-060, filed 3/14/80. Statutory Authority: RCW 41.06.150(17). 79-12-072 (Order 138), 356-26-060, filed 11/30/79, effective 1/1/80; 79-11-046 (Order 136), 356-26-060, filed 10/15/79, effective 1/1/80; Order 112, 356-26-060, filed 11/7/77; Order 96, 356-26-060, filed 12/10/76 and 12/20/76; Order 77, 356-26-060, filed 5/7/75; Order 68, 356-26-060, filed 6/25/74; Order 66, 356-26-060, filed 5/28/74; Order 56, 356-26-060, filed 6/25/73; Order 54, 356-26-060, filed 4/26/73; Order 36, 356-26-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-020.]

AMENDATORY SECTION (Amending Order 267, filed 1/2/87)

WAC 356-30-010  Appointments--Bona fide occupational qualifications. All appointments and assignments of work in the state service shall be made on the basis of merit. However, restrictions based on creed, sex, or disability may be considered by the appointing authority when such restrictions have been approved by the human rights commission as bona fide occupational qualifications. Appointing authorities need not obtain approval from the human rights commission when taking action to reasonably accommodate a person of disability or when appointing ((a protected group member)) persons with disabilities, Vietnam era and disabled veterans, and persons age 40 and above from a supplemental referral.

[Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), 356-30-010, filed 1/2/87; Order 36, 356-30-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-105.]

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