WSR 02-03-063

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed January 10, 2002, 2:03 p.m. , effective March 1, 2002 ]

Date of Adoption: January 10, 2002.

Purpose: The purpose of these rules is to address selectives, the new rule will define the term "selective." The modification to WAC 356-26-130 will coincide with the definition of "selective."

Citation of Existing Rules Affected by this Order: Amending WAC 356-26-130.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 01-24-053 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.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

January 10, 2002

E. C. Matt

Secretary


NEW SECTION
WAC 356-05-389   Selective.   Specialized qualifications that are required for the successful performance of the duties of a position and cannot be gained within the probationary or trial service period.

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

WAC 356-26-130   Certification -- Selective -- When permitted.   An appointing authority may request a selective certification of eligibles who have specialized qualifications that are required for the successful performance of the duties of the position, and cannot be gained within ((a reasonable time, not to exceed)) the probationary or trial service period. This request must be made prior to certification.

If the director of personnel determines that the facts and reasons justify the request, the highest ranking eligibles who have the specialized qualifications shall be certified.

(1) Selective certification based on gender shall not be made without a bona fide occupational qualification approved by the human rights commission.

(2) The director of personnel may selectively certify eligibles who are filling project positions to fill permanent positions. Such selective certification shall apply only from names on an open competitive register.

(3) Selective certification of eligibles who possess an appropriate, valid motor vehicle operator's license may be required for positions whose duties require specific driving skills.

[Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), 356-26-130, filed 1/2/87; 85-07-060 (Order 219), 356-26-130, filed 3/20/85. Statutory Authority: RCW 41.06.150(17). 79-12-072 (Order 138), 356-26-130, filed 11/30/79, effective 1/1/80; 79-11-046 (Order 136), 356-26-130, filed 10/15/79, effective 1/1/80; Order 69, 356-26-130, filed 9/30/74; Order 47, 356-26-130, filed 6/14/72; Order 39, 356-26-130, filed 9/15/71; Order 36, 356-26-130, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-090.]

Washington State Code Reviser's Office