WSR 02-03-062



[ Filed January 10, 2002, 2:02 p.m. , effective March 1, 2002 ]

Date of Adoption: January 10, 2002.

Purpose: This modification will allow removal of an applicant/employee's name from a referral and/or register if it has been determined they are ineligible in accordance with WAC 356-30-012.

Citation of Existing Rules Affected by this Order: Amending WAC 356-26-040.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 01-24-052 on November 29, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: March 1, 2002.

January 10, 2002

E. C. Matt


AMENDATORY SECTION(Amending WSR 01-17-082, filed 8/16/01, effective 9/16/01)

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 affected group members. If a candidate is removed from a register for this reason, that candidate is not eligible to reapply for that same job class for one year.

(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.).

(k) If an applicant/employee has been determined to be ineligible to be employed in a covered position in accordance with WAC 356-30-012, the applicant/employee's name may be removed from any referral for a covered position and/or any register where all positions in that classification are covered positions.

(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 board upon appeal.

[Statutory Authority: RCW 41.06.150. 01-17-082, 356-26-040, filed 8/16/01, effective 9/16/01; 00-10-026, 356-26-040, filed 4/24/00, effective 6/1/00; 98-19-034, 356-26-040, filed 9/10/98, effective 10/12/98. 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.]

Washington State Code Reviser's Office