Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 251-12-073 Appeals from exempt status.
Purpose: This rule deals with employees appealing to the Personnel Appeals Board when they feel their classification should or should not be exempt.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: Repeal of this rule is necessary because the prior authority for the rule was contained in RCW 28B.16.100 which was repealed by the legislature when higher education was merged into chapter 41.06 RCW. This rule creates appeal rights for persons not covered by chapter 41.06 RCW.
Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.
Name of Proponent: Department of Personnel, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The repeal of this rule is necessary because prior authorization for this rule was contained in RCW 28B.16.100 which was repealed by the legislature and higher education was merged into chapter 41.06 RCW. Chapter 41.06 RCW contains the statutory authority for appeals from exempt status. This appeal right is restricted to classified employees whose positions have been exempted after July 1, 1993. This rule creates appeal rights for persons not covered by chapter 41.06 RCW.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on March 14, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by March 7, 2002, TDD (360) 753-4107, or (360) 586-8260.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by March 12, 2002.
Date of Intended Adoption: March 14, 2002.
January 31, 2002
E. C. Matt
WAC 251-12-073 Appeals from exempt status.