Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-46-135 What causes an individual's name to be removed from a layoff list?
Hearing Location(s): Department of Personnel, Hearings Room, 2828 Capitol Boulevard, Olympia, WA 98504, on July 13, 2006, at 8:30 a.m.
Date of Intended Adoption: July 13, 2006.
Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 7, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact Department of Personnel by July 7, 2006, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This modification will clarify that an individual's name may be removed from a layoff list when they are appointed to a permanent position in the class that they were on the layoff list for or to a class with a higher salary range maximum.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This change is a clarification that an employee will only be removed from a layoff list if they are appointed to a permanent position.
Name of Proponent: Department of personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; Implementation and Enforcement: Department of personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
June 6, 2006
Eva N. Santos
(2) An individual's name may be removed from the internal and/or statewide layoff list for a class when:
(a) The individual is appointed to a permanent position in the class. The individual may also be removed from the internal and/or statewide layoff list for any classes with a lower salary range maximum in that class series/occupational category.
(b) The individual is appointed to a permanent position in a class with a higher salary range maximum in a different class series/occupational category.
(c) The individual has been certified from the layoff list and waives consideration for a position in the class three times.
(d) The employer determines good and sufficient reason exists.
[Statutory Authority: Chapter 41.06 RCW. 06-03-071, § 357-46-135, filed 1/12/06, effective 2/13/06; 04-18-114, § 357-46-135, filed 9/1/04, effective 7/1/05.]