WSR 02-07-051

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed March 14, 2002, 3:40 p.m. , effective May 1, 2002 ]

Date of Adoption: March 14, 2002.

Purpose: The purpose of these rule modifications is so these rules will be in line with WAC 251-10-030 which was previously modified to include good faith reorganization as a reason for layoff.

Citation of Existing Rules Affected by this Order: Amending WAC 251-01-240 and 251-19-120.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 02-04-081 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: May 1, 2002.

March 14, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 86-09-078 (Order 147), filed 4/22/86)

WAC 251-01-240   Layoff.   Any of the following management initiated actions caused by lack of funds or lack of work and/or for good faith reorganization for efficiency purposes:

(1) Separation from service to an institution;

(2) Separation from service within a class;

(3) Reduction in the work year; and/or

(4) Reduction in the number of work hours.

[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), 251-01-240, filed 4/22/86.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-19-120   Appointment -- Temporary.   (1) Temporary appointment may be made only to meet employment conditions set forth in the definition of "temporary appointment" in WAC 251-01-415.

(2) Temporary appointment to perform work in the absence of an employee on leave for more than six consecutive months shall be made following certification from appropriate eligible lists of eligibles who have indicated willingness to accept such temporary appointment. Employees appointed to classified positions in accordance with this subsection are covered by chapter 41.06 RCW and Title 251 WAC. Temporary appointment made in accordance with this subsection is not limited to the one thousand fifty hours in any twelve consecutive month period from the original date of hire limitation, or October 1, 1989, whichever is later, identified in WAC 251-01-415(2) and 251-12-600.

(3) The employing official may temporarily assign a classified employee the duties and responsibilities of a higher-level class for a period of less than six consecutive months. The salary shall be determined per WAC 251-08-110.

(4) Temporary appointment to positions identified in the definition of "temporary appointment" in WAC 251-01-415 (2) and (3) may be made without regard to the rules governing appointment.

(5) A permanent classified employee accepting temporary appointment to a position identified in the definition of "temporary appointment" in WAC 251-01-415 (1), (2), and (3), shall retain and continue to receive all rights and benefits provided by these rules for the duration of the temporary appointment.

(6) At the conclusion of a temporary appointment made in accordance with these rules, a permanent employee shall have the right to revert to his/her former position or to an equivalent position.

(7) Each institution shall develop for director approval a procedure which indicates its system for controlling and monitoring exempt positions as identified in chapter 41.06 RCW.

(8) An institution may petition the director in writing for approval of exceptions to these requirements. The director will annually review the appropriateness of exceptions granted and advise the board.

(9) No temporary appointment shall take the place of employees laid off due to lack of work or lack of funds and/or for good faith reorganization for efficiency purposes.

[Statutory Authority: RCW 41.06.150. 98-19-035, 251-19-120, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 91-10-002, 251-19-120, filed 4/18/91, effective 6/1/91. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, 251-19-120, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), 251-19-120, filed 6/21/89, effective 10/1/89; 88-02-018 (Order 165), 251-19-120, filed 12/30/87, effective 2/1/88.]

Washington State Code Reviser's Office