WSR 02-07-050



[ Filed March 14, 2002, 3:39 p.m. , effective May 1, 2002 ]

Date of Adoption: March 14, 2002.

Purpose: The purpose of these rule modifications is to address code reviser requirements and reference the correct subsection in WAC 251-17-200. These modifications are housekeeping in nature.

Citation of Existing Rules Affected by this Order: Amending WAC 356-26-140, 356-30-331, and 251-17-200.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 02-04-080 on February 4, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: May 1, 2002.

March 14, 2002

E. C. Matt


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