Date of Adoption: June 12, 2003.
Purpose: The purpose of this rule is to reinstate, the exemption language for the State Board for Community and Technical Colleges and the board's definitions of student, part-time or temporary employees, and part-time professional consultants. This language was contained in WAC 251-04-040 that was repealed at the July board meeting. Since the language being proposed is not contained in chapter 41.06 RCW, there is a need for it to be reinstated.
Statutory Authority for Adoption: RCW 41.06.150.
Adopted under notice filed as WSR 03-10-101 on May 7, 2003.
Changes Other than Editing from Proposed to Adopted Version: The board adopted Alternative #1 as filed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 41.06.070 exempts from coverage of chapter 41.06 RCW students,
part-time, or temporary employees, and part-time professional
consultants as defined by the Washington Personal Resources
Board. Effective September 1, 2002, the board abolished WAC 251-04-040 which has historically defined these categories of
employees. Without the permanent adoption of WAC 251-04-035
which reinstates the definitions of student, part-time,
temporary employees and part-time professional consultants,
the status of these employees may be in question.
Effective Date of Rule: June 12, 2003.
June 12, 2003
E. C. Matt
(1) The executive director, his/her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges.
(2) The following definitions are hereby established as the criteria for identifying positions occupied by student, part-time or temporary employees, and part-time professional consultants that are exempt from the provisions of this chapter.
(a) Students employed by the institution at which they are enrolled (or related board) and who either:
(i) Work five hundred sixteen hours or less in any six consecutive months, exclusive of hours worked in a temporary position(s) during the summer and other breaks in the academic year, provided such employment does not take the place of a classified employee laid off due to lack of funds or lack of work; or fill a position currently or formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer;
(ii) Are employed in a position directly related to their major field of study to provide a training opportunity; or
(iii) Are elected or appointed to a student body office or student organization position such as student officers or student news staff members.
(b) Students participating in a documented and approved programmed internship which consists of an academic component and work experience.
(c) Students employed through the state or federal work/study programs.
(d) Persons employed to work one thousand fifty hours or less in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later. Such an appointment may be subject to remedial action in accordance with WAC 251-12-600, if the number of hours worked exceeds one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, exclusive of overtime or work time as described in subsection (2)(a) of this section.
(e) Part-time professional consultants retained on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed on an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties.