WSR 02-04-080

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed February 4, 2002, 11:13 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 356-26-140 Background check requirements -- Department of social and health services, 356-30-331 Reduction in force -- Transition pool program, and 251-17-100 Modification of minimum qualifications.

Purpose: These rules deal with background checks for employees and applicants for the Department of Social and Health Services, the reduction in force transition pool program for general government and modification for minimum qualifications for higher education.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications are housekeeping in nature. The changes will address code reviser requirements and reference the correct subsection in WAC 251-17-200.

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: These rules deal with background checks for employees and applicants for the Department of Social and Health Services, the reduction in force transition pool program for general government employees and modification for minimum qualifications for higher education. These modifications are housekeeping in nature and will address code reviser requirements and a reference to a correct subsection in WAC 251-17-200.

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 September 6, 2001 [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

Secretary


AMENDATORY SECTION(Amending WSR 01-19-032, filed 9/13/01, effective 10/14/01)

WAC 356-26-140   Background (([inquiries] [checks])) check requirements -- Department of social and health services.   (1) The department of social and health services shall conduct background checks on employees in covered positions and persons under final consideration for a covered position in accordance WAC 356-30-012.

[Statutory Authority: RCW 41.06.150. 01-19-032, 356-26-140, filed 9/13/01, effective 10/14/01. Statutory Authority: RCW 41.06.150 and chapters 43.43 and 72.23 RCW. 89-19-062 (Order 329), 356-26-140, filed 9/20/89, effective 10/21/89. Statutory Authority: RCW 41.06.150. 87-06-024 (Order 271), 356-26-140, filed 2/24/87.]


AMENDATORY SECTION(Amending WSR 01-11-113, filed 5/22/01, effective 7/1/01)

WAC 356-30-331   Reduction in force -- Transition pool program.   The department of personnel is responsible for administering the reduction in force transition pool program. The director shall develop and implement appropriate operating procedures to facilitate this program.

(1) To administer the program, the director or designee may waive provisions of Title 356 WAC that:

(a) Require employees seeking transfer and voluntary demotion in lieu of reduction in force to meet approved minimum qualifications;

(b) Authorize only the director to waive minimum qualifications; (([and])) and

(c) Allow qualifying examinations for transfers or voluntary demotions(([; and][.])).

(2) The program applies to:

(a) All permanent employees separated by reduction in force or notified by the agency personnel representative that they are at risk of reduction in force; and

(b) Return to work employees in those agencies that are participating in the return to work initiative program.

(c) Permanent Washington management service employees who were appointed from a voluntary demotion register to a Washington general service class not previously held or from a promotional register into another agency and who are either voluntarily or involuntarily reverted during their trial service period.

(3) Agencies, including those agencies with local list authority, shall adhere to the operating procedures established by the director.

(4) Employees participating in the reduction in force transition pool program shall have no right of appeal within this program.

[Statutory Authority: RCW 41.06.150. 01-11-113, 356-30-331, filed 5/22/01, effective 7/1/01; 01-07-055, 356-30-331, filed 3/19/01, effective 5/1/01; 00-11-122, 356-30-331, filed 5/22/00, effective 7/1/00. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 93-16-022, 356-30-331, filed 7/23/93, effective 8/23/93.]


AMENDATORY SECTION(Amending WSR 95-19-099, filed 9/20/95, effective 11/1/95)

WAC 251-17-200   Modification of minimum qualifications.   When a vacancy exists and reasonable recruiting efforts fail to establish an eligible list for the class, the personnel officer may request that the director modify the minimum qualifications for that recruiting cycle unless approval has been delegated to the personnel officer under WAC 251-04-060(((4)))(3). On approval, the personnel officer shall initiate recruiting at the reduced minimum qualifications.

[Statutory Authority: RCW 41.06.150. 95-19-099, 251-17-200, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 93-01-158, 251-17-200, filed 12/23/92, effective 2/1/93; 88-02-018 (Order 165), 251-17-200, filed 12/30/87, effective 2/1/88.]

Washington State Code Reviser's Office