WSR 03-22-003

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed October 22, 2003, 3:44 p.m. , effective January 1, 2004 ]

Date of Adoption: October 21, 2003.

Purpose: WAC 251-04-035 stipulates exemptions from Title 251 WAC, including the Washington Personnel Resources Board's definitions for students, part-time, or temporary employees, and part-time professional consultants as stated in chapter 41.06 RCW.

Citation of Existing Rules Affected by this Order: Amending WAC 251-04-035.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 03-19-129 on September 17, 2003.

Changes Other than Editing from Proposed to Adopted Version: Under WSR 03-19-129 two separate alternatives were proposed. The board adopted the modification to WAC 251-04-035 from alternative #1 but did not act upon WAC 251-14-015, which was also proposed as part of alternative #1.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: January 1, 2004.

October 21, 2003

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 03-13-051, filed 6/12/03, effective 6/12/03)

WAC 251-04-035   Exemptions.   The provisions of this chapter do not apply to positions listed in RCW 41.06.070 and to the following:

(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.

(i) Employees who are either exempt under WAC 251-04-035 (2)(d) or exceptions authorized under WAC 251-19-120(8), and who work more than three hundred fifty hours in any twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, exclusive of overtime or time worked under subsection (2)(a) of this subsection, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the Public Employment Relations Commission.

(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.

[Statutory Authority: RCW 41.06.150. 03-13-051, 251-04-035, filed 6/12/03, effective 6/12/03.]

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