WSR 04-11-115



[ Filed May 19, 2004, 11:26 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Amending WAC 251-01-160 Executive head exemption, 251-01-201 Higher education system or higher education rules, 251-01-305 Principal assistant exemption, 251-01-310 probationary period, 251-01-382 Salary range, 251-04-030 Scope, 251-04-060 Director, 251-04-070 Personnel officers, 251-04-160 Federal preemption -- Fair Labor Standards Act, 251-04-170 Americans with Disabilities Act of 1990 -- Federal and state preemtion [preemption], 251-05-040 Method of operation, 251-06-010 Classification plan -- Preparation, 251-06-020 Classification

plan--Adoption, 251-06-090 Probationary period -- Duration, 251-07-100 Temporary appointment records, 251-08-005 Compensation plans -- General, 251-08-007 Compensation plans -- Content, 251-08-031 Compensation plans -- Adoption, 251-08-070 Salary -- Limits, 251-08-112 Salary -- Reallocation, 251-08-160 Payroll certification, 251-09-080 Standby pay, 251-09-090 Special pay -- Purpose, 251-09-094 Special pay -- Requirements, 251-09-100 Hazardous conditions pay, 251-19-070 Appointment -- Alternate, 251-19-140 Apprenticeship programs, 251-22-165 Workers' compensation -- Leave, 251-22-240 Suspended operation, 251-23-010 Affirmative action -- Authority and 251-24-010 Employee development -- Authority, purpose objective; and repealing WAC 251-04-050 Powers -- Duties of the board.

Purpose: See above.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications will support the director of the Department of Personnel being granted authority for rule making and the adoption of the classification and compensation plan.

Reasons Supporting Proposal: These modifications are necessary for implementation of SHB 1268 which passed in 2003.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule above. SHB 1268, which passed during the 2003 legislative session, removed rule-making authority on most topics, classification plan adoption and compensation plan adoption from the Washington Personnel Resources Board. As of July 1, 2004, under the provisions of the bill, the director of the Department of Personnel has authority to adopt rules, the classification plan and the compensation plan. The proposed modifications are necessary to implement this change.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 8, 2004, at 2:00.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 2, 2004, TDD (360) 753-4107 or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 2, 2004.

Date of Intended Adoption: July 8, 2004.

May 19, 2004

E. C. Matt


Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-12 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office