WSR 03-20-010

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed September 19, 2003, 11:21 a.m. , effective September 19, 2003 ]

Date of Adoption: September 18, 2003.

Purpose: These rules pertain to veterans scoring in examinations. These modifications reflect changes made in SB 5273 and the revised definition of veteran in RCW 41.04.007.

Citation of Existing Rules Affected by this Order: Amending WAC 356-22-220 and 251-17-150.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 03-16-107 on August 6, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Effective July 27, 2003, SB 5273 changed RCW 41.04.010 and in 2002 RCW 41.04.007 was revised to change the definition of veteran.
Effective Date of Rule: September 19, 2003.

September 19, 2003

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 02-15-052, filed 7/11/02, effective 9/1/02)

WAC 356-22-220   Veterans scoring in examinations.   (((1) In all competitive examinations, any veteran who submits the qualifying DD214 form, has honorably served in any branch of the armed forces, and did not serve during a period of war or in an armed conflict or is receiving military retirement shall have five percent added to their final passing score. The percentage shall be added until the person's first appointment and shall not be utilized in promotional examinations.))

(1) "Veteran" includes every person, who at the time he or she seeks the benefits of this section has received an honorable discharge or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:

(a) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation;

(b) As a member of the women's air forces service pilots;

(c) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days;

(d) As a civil service crew member with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; or

(e) As a member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945.

(2) In all competitive examinations, veterans, as defined in ((subsection (4) of)) this section and upon submission of their qualifying DD214 form, shall be given additional percentages by adding to the passing score, a percentage of such passing score under the following conditions:

(a) Ten percent to a veteran who served during a period of war or in an armed conflict as defined in RCW 41.04.005 and does not receive military retirement. The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(b) Five percent to a veteran who did not serve during a period of war or in an armed conflict as defined in RCW 41.04.005 or is receiving military retirement. The percentage shall be added to the final passing score. The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(((b))) (c) Five percent to a veteran who was called from state employment to active military service for one or more years. The percentage shall be added to the first promotional examination only.

(3) The provisions in subsection (((1) and)) (2) ((must)) may be claimed ((within fifteen years of the date of)) upon or any time after release from active military service. ((This period may be extended by the director or designee for valid and extenuating reasons to include but not be limited to:))

(((a) Documented medical reasons beyond control of the veteran;

(b) United States department of veterans' affairs documented disabled veteran; or

(c) Any veteran who has his or her employment terminated through no fault or action of his or her own and whose livelihood is adversely affected may seek employment consideration under this section.))

(((4) The term veteran as used in subsection (2) of this section shall include any person who has served in any branch of the armed forces of the United States during:

(a) World War II;

(b) The Korean Conflict;

(c) The Viet Nam Era means:

(i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

(ii) The period beginning August 5, 1964, and ending on May 7, 1975.

(d) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(e) The following armed conflicts, if the participant was awarded the respective campaign badge or medal: The crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor;

(f) The period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the congress; or

(g) Who has received the armed forces expeditionary medal, Marine Corps expeditionary medal, or Navy expeditionary medal, for opposed action on foreign soil.

(4) Further, only persons who received an honorable discharge or who received a discharge for physical reasons with an honorable record or who were released from active duty under honorable circumstances shall be eligible for this veterans preference.))

[Statutory Authority: RCW 41.06.150. 02-15-052, 356-22-220, filed 7/11/02, effective 9/1/02; 98-19-034, 356-22-220, filed 9/10/98, effective 10/12/98; 96-11-060, 356-22-220, filed 5/10/96, effective 6/6/96; 84-14-006 (Order 207), 356-22-220, filed 6/22/84; Order 68, 356-22-220, filed 6/25/74; Order 36, 356-22-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-260.]


AMENDATORY SECTION(Amending WSR 02-15-052, filed 7/11/02, effective 9/1/02)

WAC 251-17-150   Veterans scoring in examinations.   (((1) Any veteran who claims eligibility, submits the qualifying DD214 form, has honorably served in any branch of the armed forces, and did not serve during a period of war or in an armed conflict or is receiving military retirement shall have five percent added to their final passing score. The percentage shall be added until the person's first appointment and shall not be utilized in promotional examinations.))

(1) "Veteran" includes every person, who at the time he or she seeks the benefits of this section has received an honorable discharge or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:

(a) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation;

(b) As a member of the women's air forces service pilots;

(c) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days;

(d) As a civil service crew member with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; or

(e) As a member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945.

(2) Veterans who claim eligibility, submit the qualifying DD214 form, and meet the criteria specified in ((subsection (4) of)) this section shall have added to their final passing scores:

(a) Ten percent of the final passing score for a veteran who served during a period of war or in an armed conflict as defined in RCW 41.04.005 and does not receive military retirement. The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(b) Five percent to a veteran who did not serve during a period of war or in an armed conflict as defined in RCW 41.04.005 or is receiving military retirement. The percentage shall be added to the final passing score. The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(((b))) (c) Five percent of the final passing score for a veteran who was called from state employment to active military service for one or more years. The percentage shall be added to the first promotional examination only.

(3) The provisions in subsection (((1) and)) (2) of this section ((must)) may be claimed ((within fifteen years of the date of)) upon or anytime after release from active military service. ((This period may be extended by the personnel officer for valid and extenuating reasons to include but not be limited to:))

(((a) Documented medical reasons beyond control of the veteran;

(b) United States department of veterans' affairs documented disabled veteran; or

(c) Any veteran who has his or her employment terminated through no fault or action of his or her own and whose livelihood is adversely affected may seek employment consideration under this section.))

(((4) The term "veteran" as used in subsection (2) of this section shall include every person who has received an honorable discharge or received a discharge for physical reasons with an honorable record and:

(a) Has served in any branch of the armed forces of the United States between World War I and World War II or during any period of war; or

(b) Has served in any branch of the armed forces of the United States and received the armed forces expeditionary medal, or Marine Corps and Navy expeditionary medal, for opposed action on foreign soil.

(5) A "period of war" includes:

(a) World War I;

(b) World War II;

(c) The Korean conflict;

(d) The Viet Nam era means:

(i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

(ii) The period beginning August 5, 1964, and ending on May 7, 1975.

(e) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(f) The following armed conflicts, if the participant was awarded the respective campaign badge or medal; the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor; and

(g) The period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the Congress.))

[Statutory Authority: RCW 41.06.150. 02-15-052, 251-17-150, filed 7/11/02, effective 9/1/02; 96-11-061, 251-17-150, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), 251-17-150, filed 12/30/87, effective 2/1/88.]

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