WSR 04-11-115

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ 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

Director


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-01-160   Executive head exemption.   Executive heads of major academic or administrative divisions are analogous in the hierarchy to vice-presidents, deans and chairmen. Directors may be executive heads as determined by the ((board)) director. An executive head is in charge of a separate budget unit and directs subordinates.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-01-160, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-160, filed 4/22/86.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-01-201   Higher education system or higher education rules.   The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW and ((exclusively under those chapters of)) Title 251 WAC ((that are adopted by the board)).

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-01-201, filed 9/10/98, effective 10/12/98.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-01-305   Principal assistant exemption.   Individuals qualifying for exemption under this category function as second-in-command in importance levels. The individual may perform many of the functions of his/her superior in the superior's absence, or alternatively may have major administrative or program responsibilities. Reporting relationships will not be below that of the executive head. In some institutions an executive head may have more than one principal assistant as determined by the ((board)) director.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-01-305, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-305, filed 4/22/86.]


AMENDATORY SECTION(Amending WSR 86-09-078, filed 4/22/86)

WAC 251-01-310   Probationary period.   The initial six-month period of employment in a class following appointment from an eligible list of a nonpermanent employee. However, upon prior approval by the ((board)) director, the probationary period for selected classes may be established for a period in excess of six months but not to exceed twelve months.

[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-310, filed 4/22/86.]


AMENDATORY SECTION(Amending WSR 87-20-024, filed 9/30/87)

WAC 251-01-382   Salary range.   A sequence of minimum, intervening, and maximum dollar amounts designated by the ((board)) director as the monthly compensation for a class. Salary ranges are identified in the classification/compensation plan by either a whole number (standard range) or a whole number with a decimal suffix (comparable worth adjustment indicator).

[Statutory Authority: RCW 28B.16.100. 87-20-024 (Order 160), § 251-01-382, filed 9/30/87.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-04-030   Scope.   The provisions of these rules shall apply to all personnel of the higher education institutions/related boards except those exempted under the provisions of WAC 251-04-040. These rules and the compensation and classification plans adopted hereunder shall continue to apply as before and shall not be used interchangeably with Title 356 WAC. Further, these rules and compensation and classification plans shall continue to apply as before until such time as the ((board)) director has had adequate time to review and consider changes to the existing rules and plans.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-04-030, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-04-030, filed 9/22/93, effective 10/23/93; Order 61, § 251-04-030, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-030, filed 9/15/69.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-04-060   Director.   (((1) The director shall periodically and at such other times as may be necessary, audit and review the personnel administration and management at each institution and related board.

     All relevant files and records of appointing authorities and personnel officers shall be made available to the director at any time.

     (2) The director shall take any action necessary to ensure and enforce compliance with chapter 41.06 RCW and these rules.

     (3) The director of personnel may delegate to the personnel officer of any higher education institution or related board the director's authority to perform administrative and technical activities if such authority is requested. When an institution or related board requests a delegation of the director's authority, the requesting person shall concurrently send a copy of the request to any affected exclusive representative. After an authority has been delegated, if an employee or the employee's exclusive representative files a written complaint with the director regarding a delegated authority, the director shall conduct a timely investigation. If the director of personnel determines that an institution or related board is not appropriately performing delegated activities, the director may withdraw the authority to perform such activities. Delegation of the director's authority is separate from the statutory local administration in RCW 41.06.520.))

     The director of personnel is appointed by the governor under the provisions of WAC 41.06.130.

     The director directs and supervises all the department of personnel's administrative and technical activities in accordance with the provisions of chapter 41.06 RCW and the civil service rules. The director is responsible to:

     Adopt rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.

     Audit and review the personnel administration and management at each agency, institution of higher education, and related higher education board periodically and at other such times as may be necessary.

     Adopt and revise as necessary a comprehensive classification plan for all positions in the classified service. In adopting the revisions the director must comply with RCW 41.06.152, 41.06.150(4), and chapter 43.88 RCW.

     Adopt and revise as necessary a state salary schedule in accordance with RCW 41.06.133(10).

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-04-060, filed 9/10/98, effective 10/12/98; 95-19-099, § 251-04-060, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 92-20-043, § 251-04-060, filed 9/30/92, effective 11/1/92; Order 61, § 251-04-060, filed 8/30/77, effective 10/1/77; Order 51, § 251-04-060, filed 1/20/76; Order 1, § 251-04-060, filed 9/15/69.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-04-070   Personnel officers.   (1) Each higher education institution/related board shall designate an officer who shall perform duties as personnel officer. The personnel officer shall direct, supervise, and manage administrative and technical personnel activities for the classified service consistent with policies established by the institution/related board and in accordance with the provisions of chapter 41.06 RCW and the rules and regulations approved and promulgated thereunder. Institutions may undertake jointly with one another to appoint a person qualified to perform the duties of personnel officer, provide staff and financial support and may engage consultants to assist in the performance of specific projects.

     (2) The state board for community and technical colleges shall have general supervision and control over activities undertaken by the various state community colleges.

     (3) Rules adopted by the ((board)) director shall provide for local administration and management by the higher education institutions/related boards, subject to periodic audit and review by the ((board)) director, of the following:

     (a) Appointment, promotion, and transfer of employees.

     (b) Dismissal, suspension, or demotion of employees.

     (c) Examinations for all positions in the competitive and noncompetitive service.

     (d) Probationary periods of six to twelve months and retention and rejections therein.

     (e) Sick leaves and vacations.

     (f) Hours of work.

     (g) Layoffs when necessary and subsequent reemployment.

     (h) Allocation and reallocation of positions within the classification plans.

     (i) Training programs.

     (j) Maintenance of personnel records.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-04-070, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-04-070, filed 7/22/82, effective 9/1/82; Order 61, § 251-04-070, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-070, filed 9/15/69.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-04-160   Federal preemption -- Fair Labor Standards Act.   Institutions shall comply with the ((board)) rules of the director (Title 251 WAC) unless doing so would cause them to violate the Fair Labor Standards Act (29 U.S.C. 201 et seq.).

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-04-160, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 28B.16 RCW. 91-13-011, § 251-04-160, filed 6/7/91, effective 6/7/91.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-04-170   Americans with Disabilities Act of 1990--Federal and state preemption.   Institutions shall comply with the ((board)) rules of the director (Title 251 WAC) unless doing so would cause them to violate state laws, chapter 49.60 RCW, or the federal Americans with Disabilities Act of 1990.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-04-170, filed 9/10/98, effective 10/12/98; 98-08-024, § 251-04-170, filed 3/20/98, effective 5/1/98.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-05-040   Method of operation.   (1) The general conduct of the department of personnel's business is pursuant to the charter established in chapter 41.06 RCW and Title 251 WAC.

     (2) Provisions for all interested parties to participate in formulation of rules governing administration of the law is assured by a twenty-day notice requirement prerequisite to formal ((board)) adoption by the board or the director of any jurisdictional matter, except appeals.

     (3) Special meetings may be called by the board or the director subject to twenty-four hour notice, as required by law.

     (4) Informal work sessions with interested parties are conducted by staff as necessary to insure maximum representation from employee organizations and institutions before proposals are made to the board or the director.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-05-040, filed 9/10/98, effective 10/12/98; Order 61, § 251-05-040, filed 8/30/77, effective 10/1/77; Order 21, § 251-05-040, filed 5/24/73.]


AMENDATORY SECTION(Amending WSR 82-16-002, filed 7/22/82, effective 9/1/82)

WAC 251-06-010   Classification plan -- Preparation.   The director shall prepare and may revise ((for board approval)) a comprehensive classification plan for all positions after investigation and in consultation with personnel officers, employee representatives, and other interested parties, and after analysis of the duties and responsibilities of positions within each class including relevant supporting data. When complete, the plan will include, for each class, a specification including an appropriate title, a description of duties and responsibilities, and the minimum requirements of training, experience and other qualifications, and identification of the classes which require a probationary period of more than six months.

[Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-06-010, filed 7/22/82, effective 9/1/82; Order 61, § 251-06-010, filed 8/30/77, effective 10/1/77; Order 1, § 251-06-010, filed 9/15/69.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-06-020   Classification plan -- Adoption.   (1) The proposed classification plan and any subsequent proposed revisions thereto shall be submitted to the ((board by the)) director for adoption, revision or rejection. After twenty calendar days' notice to and consideration of proposals from employee representatives, institutions, and related boards, the ((board)) director shall hold open hearings on the plan. The plan shall become effective as determined by the ((board)) director.

     (2) In adopting these revisions the ((board)) director shall comply with RCW 41.06.152, 41.06.150(15), and chapter 43.88 RCW. Thereafter, class titles so established shall be used in all personnel and financial records of an institution and in all recruitment and examination procedures.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-06-020, filed 9/10/98, effective 10/12/98; 96-11-063, § 251-06-020, filed 5/10/96, effective 6/6/96; 95-19-055, § 251-06-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-06-020, filed 9/22/93, effective 10/23/93; Order 61, § 251-06-020, filed 8/30/77, effective 10/1/77; Order 1, § 251-06-020, filed 9/15/69.]


AMENDATORY SECTION(Amending WSR 02-15-051, filed 7/11/02, effective 9/1/02)

WAC 251-06-090   Probationary period -- Duration.   (1) Except as provided in WAC 251-06-091, the probationary period for all classes in the classification plan will be six months, unless the ((board)) director approves a longer probationary period for the class.

     (2) ((The director will prepare and revise for board adoption on a class-by-class basis any probationary periods which exceed six months.)) Procedures for requesting extended probationary periods will be developed by the director.

     (3) Classes with longer probationary periods will be identified in the classification plan.

     (4) When the probationary period for a class is approved for longer than six months, the longer period shall apply only to eligibles appointed after the effective date of the board's action.

[Statutory Authority: RCW 41.06.150. 02-15-051, § 251-06-090, filed 7/11/02, effective 9/1/02; 98-19-035, § 251-06-090, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-06-090, filed 7/22/82, effective 9/1/82.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-07-100   Temporary appointment records.   Each institution shall maintain information for temporary employees as specified in WAC 251-19-122. At least quarterly each institution shall produce a record which shows the cumulative hours worked for each temporary employee. This record shall be kept on file in the personnel office and shall be made available to the ((board staff)) director upon request.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-07-100, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-07-100, filed 6/21/89, effective 10/1/89.]


AMENDATORY SECTION(Amending WSR 02-15-049, filed 7/11/02, effective 9/1/02)

WAC 251-08-005   Compensation plans -- General.   The ((director)) department of personnel shall prepare, and subject to ((board)) director approval shall periodically revise in a manner consistent with the development of the original plan, compensation plans for all classes. The plans shall provide for:

     (1) Full compensation to each employee for all work assigned and performed.

     (2) Regular salary increment increases based upon length of service for all employees whose performance is such as to permit them to retain job status in the classified service.

     (3) Assignment of each class to a salary range reflecting prevailing rates in other public employment and in private employment in this state or in the locality in which the institution is located, provided funds are available as defined in WAC 251-08-051.

     (4) The rates in the salary schedules or plans to be increased if necessary to attain comparable worth.

     (5) Such other provisions as are appropriate in the establishment and maintenance of compensation equity in relation to prevailing practices found in Washington state private industries and other governmental units.

[Statutory Authority: RCW 41.06.150. 02-15-049, § 251-08-005, filed 7/11/02, effective 9/1/02; 95-19-055, § 251-08-005, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-08-005, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 28B.16.100. 87-08-056 (Order 155), § 251-08-005, filed 4/1/87, effective 5/1/87; Order 61, § 251-08-005, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending Order 63, filed 11/22/77)

WAC 251-08-007   Compensation plans -- Content.   The compensation plan shall apply to all approved classes, and shall include:

     (1) Salary schedules (grids) including regular increment step increases within salary ranges.

     (2) Classification schemas assigning each class to a salary range of an approved salary schedule.

     (3) Such supplemental compensation plans and provisions as are necessary to implement approved compensation practices as provided in chapter 251-09 WAC and/or such area wage variances as may be approved by the ((board)) director for each member institution.

[Order 63, § 251-08-007, filed 11/22/77; Order 61, § 251-08-007, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending Order 61, filed 8/30/77, effective 10/1/77)

WAC 251-08-031   Compensation plans -- Adoption.   (1) The proposed compensation plans shall be submitted ((by)) to the director ((to the board)) for adoption, revision, or rejection.

     (2) Twenty calendar days prior to open hearings on the plans, the director shall circulate notice of the hearing to enable affected employees, employee representatives, institutions, and related boards to present their views either orally or in writing. The notice shall state the date, time, and place of the hearing, and shall include a copy of the proposed plans or revisions or reference thereto.

[Order 61, § 251-08-031, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending Order 61, filed 8/30/77, effective 10/1/77)

WAC 251-08-070   Salary -- Limits.   The basic compensation rate for all employees shall be within the salary range assigned to the class, unless a different rate is permitted by these rules or by the ((board)) director because of special circumstances.

[Order 61, § 251-08-070, filed 8/30/77, effective 10/1/77; Order 1, § 251-08-070, filed 9/15/69.]


AMENDATORY SECTION(Amending WSR 91-13-011, filed 6/7/91, effective 6/7/91)

WAC 251-08-112   Salary -- Reallocation.   (1) An employee occupying a position that is reallocated to an existing class with a higher salary range maximum shall receive an increase in the same manner as is provided for promotion in WAC 251-08-110. The periodic increment date shall be established as provided in WAC 251-08-100.

     (2) An employee occupying a position that is reallocated to an existing class with a lower salary maximum shall be placed in the salary step in the new range which is closest to the current salary, provided such salary does not exceed the top step of the new salary range.

     (3) When reallocation is necessary because the board or the director has created, abolished, or modified a class, the incumbent will remain in the position and therefore will not be afforded layoff rights. Employees will be affected as follows:

     (a) An employee occupying a position reallocated to a class with a lower salary range maximum will retain his/her salary as of the date preceding the effective date of the board's action and will be allowed to achieve the salary maximum of the former class. The employee will lose the right to such salary maintenance if he/she subsequently voluntarily demotes, promotes, or moves to another class;

     (b) An employee occupying a position reallocated to a class with a higher salary range maximum will have his/her salary adjusted to the same step in the new range as was held in the previous range. The periodic increment date of the affected employee will remain unchanged;

     (c) Reallocations due to the board's or the director's creation, abolishment, or modification of a class become effective on the effective date of the board's action.

[Statutory Authority: Chapter 28B.16 RCW. 91-13-011, § 251-08-112, filed 6/7/91, effective 6/7/91. Statutory Authority: RCW 28B.16.100. 91-10-003, § 251-08-112, filed 4/18/91, effective 6/1/91; 88-02-027 (Order 166), § 251-08-112, filed 12/31/87, effective 2/1/88; 87-20-024 (Order 160), § 251-08-112, filed 9/30/87; 78-06-068 (Order 68), § 251-08-112, filed 5/25/78, effective 7/1/78; Order 61, § 251-08-112, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-08-160   Payroll certification.   A disbursing officer shall not pay any employee holding a position covered by chapter 41.06 RCW unless the employment is in accordance with chapter 41.06 RCW and the provisions of these rules. The ((board)) director and the institutions of higher education, including the state board for community and technical colleges which shall act for the various community colleges, and the director of the office of financial management shall jointly establish procedures for the certification of payrolls.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-08-160, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100 and 28B.16.190. 79-03-030 (Order 72), § 251-08-160, filed 2/27/79, effective 4/2/79.]


AMENDATORY SECTION(Amending WSR 00-10-026, filed 4/24/00, effective 6/1/00)

WAC 251-09-080   Standby pay.   Compensation for a scheduled or nonscheduled work period employee required to restrict off-duty activities to be available for duty will be approved by the ((board)) director and will be included in the individual institution compensation plan.

[Statutory Authority: RCW 41.06.150. 00-10-026, § 251-09-080, filed 4/24/00, effective 6/1/00; Order 62, § 251-09-080, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending WSR 90-10-044, filed 4/27/90, effective 6/1/90)

WAC 251-09-090   Special pay -- Purpose.   (1) The ((board or the)) director may adopt special pay salaries and/or compensation practices which are locally competitive to alleviate or prevent recruitment and/or retention problems, to maintain effective operations of an institution, or to address other unique working conditions.

     (((2) Actions approved by the director are subject to confirmation by the board.))

     (((3))) (2) Requests may be initiated by institutions, employees, or employee representatives.

     (((4))) (3) Except when the ((board)) director specifies otherwise, special pay ranges will remain in effect until the system-wide pay range for the class equals or exceeds the special pay range.

[Statutory Authority: RCW 28B.16.100. 90-10-044, § 251-09-090, filed 4/27/90, effective 6/1/90; 83-20-020 (Order 108), § 251-09-090, filed 9/23/83, effective 10/24/83; 80-02-111 (Order 83), § 251-09-090, filed 1/28/80; 78-06-068 (Order 68), § 251-09-090, filed 5/25/78, effective 7/1/78; Order 62, § 251-09-090, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending WSR 90-10-044, filed 4/27/90, effective 6/1/90)

WAC 251-09-094   Special pay -- Requirements.   It is the responsibility of the requesting party to provide ((board)) department of personnel staff with information necessary to make recommendation to the ((board)) director. Information to be provided shall include:

     (1) Data supporting the pay practice in the locality of the institution for which the request is being made; and

     (2) Rationale supporting the request; and

     (3) When applicable, data showing recruitment/retention difficulty.

[Statutory Authority: RCW 28B.16.100. 90-10-044, § 251-09-094, filed 4/27/90, effective 6/1/90.]


AMENDATORY SECTION(Amending Order 62, filed 8/30/77, effective 10/1/77)

WAC 251-09-100   Hazardous conditions pay.   The ((board)) director may approve special pay provisions to the institution compensation plan to reflect hazardous/dangerous working conditions when:

     (1) Such conditions are not normally expected of those positions assigned to the respective classes; and

     (2) Such provisions are found to be in accordance with prevailing practices in the industry and/or local community in which the institution is located.

[Order 62, § 251-09-100, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending WSR 95-19-099, filed 9/20/95, effective 11/1/95)

WAC 251-19-070   Appointment -- Alternate.   Application of the alternate appointment rule shall apply only to unique research classes pre-approved by the board or the director. An alternate appointment for research positions shall consist of the six month period following appointment from a layoff list or an option taken in lieu of layoff. This provides the employing official an opportunity to observe the employee's work and determine whether or not he/she can perform in that specific position. If it is determined that the employee cannot perform, as documented by a written performance review, the employee shall be placed on the appropriate layoff list or provided other transfer options as available.

     Application of this rule shall be appealable under the same provisions as WAC 251-12-080 et seq.

[Statutory Authority: RCW 41.06.150. 95-19-099, § 251-19-070, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-070, filed 12/30/87, effective 2/1/88.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-19-140   Apprenticeship programs.   (1) Apprentices shall be employed and compensated under conditions appropriate for the particular apprenticeable class which have been recommended by the joint apprenticeship committee as approved by the state apprenticeship council and the board or the director. Each apprentice shall enter into a training contract with the joint apprenticeship committee and shall abide by its term and conditions.

     (2) When an apprenticeship agreement is cancelled, the employee shall have the same reversionary employment rights he/she had available at the time of entering the apprenticeship program.

     (3) When an employee moves into an apprenticeship program and he/she has a higher salary than is provided by the apprenticeship program, his/her salary shall be continued at the existing level until the employee has been in the apprenticeship program long enough to move onto the apprenticeship salary schedule without a reduction in salary.

     (4) Incremental salary step increases shall be in accordance with the appropriate salary schedule but are not solely dependent upon time in grade. Objective evaluation of performance in on-the-job and related training may be justification to delay an incremental salary increase until training requirements for that step have been fulfilled. Conversely, objective evaluation of performance may be justification to advance incremental salary steps to the level equal to ability and training.

     (5) Graduates from the apprenticeship program will be assigned to the mid-step of the journey scale and will remain until twelve months elapse before moving to the top step. Movement from the apprenticeship program into the journey class does not require competition and a trial service appointment is not required.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-19-140, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-140, filed 12/30/87, effective 2/1/88.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-22-165   Workers' compensation -- Leave.   (1) Employees who suffer a work related injury or illness that is compensable under the state workers' compensation law may select time loss compensation exclusively, leave payment exclusively or a combination of time loss compensation and accrued paid leave.

     (2) Employees taking sick leave during a period in which they receive workers' compensation under the industrial insurance provisions for a work related illness or injury shall receive full sick leave pay, less any industrial insurance payments for time loss during the sick leave period.

     (a) Until eligibility for workers' compensation is determined by the department of labor and industries, the institution may pay full sick leave, provided that the employee shall return any overpayment to the institution when the salary adjustment is determined.

     (b) Sick leave hours charged to an employee who receives workers' compensation, as a result of the time loss shall be proportionate to that portion of the employee's salary paid by the institution during the claim period.

     (3) During a period when an employee receives pay for vacation leave, compensatory time off or holidays and also receives workers' compensation for time loss, he/she is entitled to both payments without any deduction for the industrial insurance payment.

     (4) When an employee receives workers' compensation payment for time loss and is on leave without pay, no deductions will be made for the industrial insurance payment.

     (5) An employee who sustains an industrial injury, accident or illness, arising from employment by an institution under the jurisdiction of ((the board)) chapter 41.06 RCW shall, upon written request and proof of continuing disability, be granted leave of absence without pay for up to six months without loss of layoff seniority or change in annual increment date. Leave without pay exceeding six months without loss of layoff seniority or change in annual increment date may be granted at the option of the employing institution.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-22-165, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 90-14-018, § 251-22-165, filed 6/27/90, effective 8/1/90; 83-20-020 (Order 108), § 251-22-165, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-165, filed 8/30/77, effective 10/1/77.]


AMENDATORY SECTION(Amending WSR 83-20-020, filed 9/23/83, effective 10/24/83)

WAC 251-22-240   Suspended operation.   (1) Notwithstanding the provisions of WAC 251-10-030, if the chief executive officer of the institution determines that the public health or property or safety is jeopardized and it is advisable due to emergency conditions to suspend the operation of all or any portion of the institution, the following will govern classified employees:

     (a) When prior notification has not been given, employees released until further notice after reporting to work, shall receive a minimum of four hours pay for the first day. The following options shall be made available to affected employees not required to work for the balance of the closure:

     (i) Vacation leave, personal holiday; or

     (ii) Accrued compensatory time (where applicable); or

     (iii) Leave without pay; or

     (iv) Reasonable opportunity to make up work time lost as a result of the suspended operation as provided in subsection (1)(c).

     (b) Employees required to work shall receive their regular rate of pay for work performed during the period of suspended operation. Overtime worked during the closure will be compensated as provided in chapter 251-09 WAC. The personnel officer may petition the director for approval of a special premium pay allowance due to hazardous working conditions encountered by employees required to work during the period of suspended operation.

     (c) Employees who lose regular work time as a result of suspended operation may request to work additional hours during the ninety-day period immediately following the suspended operation. Compensation for such additional work shall be granted on a compensatory time basis at not less than straight time nor more than time and one-half, and shall be part of the institution's suspended operations procedures. The amount of compensation earned under this section should not exceed the amount of salary lost by the employee due to suspended operation. Management directed overtime shall be compensated as provided in chapter 251-09 WAC.

     (2) Each institution/related board, together with the appropriate exclusive representative(s), shall develop and file with the director, subject to approval, a procedure to provide for staffing during periods of suspended operation. The procedure shall include identification of the manner in which employees will be notified of suspended operation by the chief executive officer.

     (3) The provisions of this rule may be utilized only when an institutional procedure has been approved by the director and an official declaration of suspended operation has been made by the chief executive officer of the institution.

     (4) The provisions of this section and institutional procedures adopted hereunder may not be in effect in excess of fifteen calendar days unless within the fifteen days the personnel officer requests the director's or designee's approval of an extension. ((Such approval is subject to confirmation by the board.))

[Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), § 251-22-240, filed 9/23/83, effective 10/24/83; 81-07-002 (Order 87), § 251-22-240, filed 3/6/81, effective 4/6/81; Order 61, § 251-22-240, filed 8/30/77, effective 10/1/77; Order 47, § 251-22-240, filed 11/19/75, effective 12/22/75; Order 41, § 251-22-240, filed 3/17/75.]


AMENDATORY SECTION(Amending WSR 99-05-042, filed 2/12/99, effective 4/1/99)

WAC 251-23-010   Affirmative action -- Authority.   ((The rules contained in this chapter follow from the authority of RCW 41.06.150, which provides in part, "The board shall adopt rules, consistent with the purposes and provisions of this chapter regarding the basis and procedures to be followed for"; RCW 41.06.150, which provides in part, "Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals; and monitoring of progress against those goals")) The purpose of this chapter is to ensure compliance by each institution/related board with the provisions of chapter 41.06 RCW and executive orders, which provide for affirmative action and equal employment opportunity in appointment, promotion, transfer, recruitment and career development; development and implementation of affirmative action goals, and monitoring progress toward achieving those goals.

[Statutory Authority: RCW 41.06.150. 99-05-042, § 251-23-010, filed 2/12/99, effective 4/1/99; 98-19-035, § 251-23-010, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-23-010, filed 2/28/86, effective 4/1/86.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-24-010   Employee development -- Authority, purpose, objective.   (1) ((The rules contained in this chapter follow from the authority of RCW 41.06.150, which provides in part, "the board shall adopt and promulgate rules and regulations consistent with the purposes and provisions of this chapter regarding the basis for, and the procedures to be followed for training and career development")) This chapter sets forth the requirements for institutions and related boards to provide training and career development.

     (2) It is the ((board's)) director's intent that institutions will establish, conduct and report employee training and development programs. The rules in this chapter provide the guidelines for such programs.

     (3) The objective of these rules is to provide opportunity for the development of the potential occupational or professional ability of each employee to make the most effective and economic use of employee resources in accomplishing institution's goals.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-24-010, filed 9/10/98, effective 10/12/98; Order 61, § 251-24-010, filed 8/30/77, effective 10/1/77; Order 29, § 251-24-010, filed 1/22/74.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 251-04-050 Powers -- Duties of the board.

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