WSR 04-13-183

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:34 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: New sections WAC 357-16-005 What is the department's role in recruiting applicants and assessing candidates for positions in the classified service?, 357-16-010 What authority do general government employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?, 357-16-015 What authority do higher education employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?, 357-16-020 Who is responsible for determining what recruitment methods are appropriate to meet the hiring needs of the employer?, 357-16-025 How must employers and the department inform prospective applicants of recruitments?, 357-16-030 For affirmative action purposes, may the department or employers add job seekers who are affected group members to applicant pools?, 357-16-040 What is the college recruitment program?, 357-16-045 What is the purpose of the college recruitment program?, 357-16-050 How does the college recruitment program operate?, 357-16-055 Can an employer establish promotional organizational units?, 357-16-060 Who determines the application process, including what information job seekers must provide to apply for employment?, 357-16-065 What verifies that an application is complete and that the information in the application is truthful?, 357-16-070 What screening methodologies may employers use?, 357-16-075 Can the employer apply screening methodologies that would limit the number of eligible applicants considered and the number of candidates admitted to a competitive exam?, 357-16-085 What are the requirements for developing and administering exams?, 357-16-090 Who has the responsibility for requesting and granting reasonable accommodation in the exam process?, 357-16-095 How must exams be scored?, 357-16-100 How soon must employers notify applicants of their exam results?, 357-16-105 May an employee be granted release time to take an exam or otherwise participate in an assessment process (which may include assessment tools such as phone screens, interviews, performance tests, etc)?, 357-16-110 Do veterans receive any preference in the hiring process?, 357-16-115 Can an employer decline to further consider eligible applicants or candidates during the assessment process?, 357-16-120 How does the employer determine which eligible candidates to certify to the employing official for hiring consideration?, 357-16-125 What must be specified in the employer's certification procedure?, 357-16-130 In what order are eligible candidates certified to the employing official for hiring consideration?, 357-16-135 When may an employer certify candidates for affirmative action purposes?, 357-16-140 Who may be certified using supplemental certification?, 357-16-150 Must employers develop a promotional policy?, 357-16-155 Can an eligible's name be removed from an applicant or candidate pool for a class or all classes in an occupational category/class series?, 357-16-160 How must an employer notify an applicant or candidate who has been removed from an applicant or candidate pool?, 357-16-170 Can an applicant or candidate request a review of his/her exam results or the removal of his/her name from an applicant or candidate pool?, 357-16-175 To whom and by when must an applicant or candidate request a review of the results of an exam or removal from an applicant or candidate pool?, 357-16-180 Are assessment review decisions subject to appeal?, 357-16-190 What happens if an individual is certified in error?, 357-16-195 Can an eligible candidate be required to pass a medical or psychological examination?, 357-16-200 If a medical or psychological examination is required, who pays for it?, and 357-16-205 If a job-related disability is revealed during a medical or psychological examination what is the employer's responsibility?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

Date of Intended Adoption: July 29, 2004.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules address recruitment, assessment and certification for state positions.

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: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding recruitment, assessment and certification for state positions. The proposed rules implement this provision of the Personnel System Reform Act.

Name of Proponent: Department of Personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; 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 23, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-16-005   What is the department's role in recruiting applicants and assessing candidates for positions in the classified service?   On the behalf of employers, the department may recruit applicants, assess candidates, create candidate pools, and assist with the certification of candidates for positions in the classified service.

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NEW SECTION
WAC 357-16-010   What authority do general government employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?   Under the authority of the director, general government employers may carry out the activities detailed in chapter 357-16 WAC including recruiting, creating and maintaining pools of eligible candidates, assessing candidates, and determining the certified pool. At anytime, the director may designate the department to carry out any of these activities on the employer's behalf.

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NEW SECTION
WAC 357-16-015   What authority do higher education employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?   Higher education employers are authorized under RCW 41.06.133 and RCW 41.06.150 to carry out the activities detailed in chapter 357-16 WAC including recruiting, creating and maintaining pools of eligible candidates, assessing candidates, and determining the certified pool. Upon the request of a higher education employer, the director may designate the department to act on the employer's behalf.

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NEW SECTION
WAC 357-16-020   Who is responsible for determining what recruitment methods are appropriate to meet the hiring needs of the employer?   The department and employers may use the recruiting methods that they determine to be most appropriate for their hiring needs when establishing pools of eligible applicants.

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NEW SECTION
WAC 357-16-025   How must employers and the department inform prospective applicants of recruitments?   Notice of recruitment must be issued publicly. The notice must specify the period of recruitment and include information about the length of time eligible applicants will be retained in a pool.

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NEW SECTION
WAC 357-16-030   For affirmative action purposes, may the department or employers add job seekers who are affected group members to applicant pools?   For affirmative action purposes, the department or employers may at any time recruit and screen persons with disabilities, Vietnam era veterans, disabled veterans, and persons age 40 and over for placement in eligible applicant pools in those areas where goals exist.

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NEW SECTION
WAC 357-16-040   What is the college recruitment program?   The college recruitment program is a method of recruiting that employers can use to target recruitment activity to college graduates.

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NEW SECTION
WAC 357-16-045   What is the purpose of the college recruitment program?   The purpose of the college recruitment program is to:

(1) Recognize and support the present and future value of bachelor's and master's entry professional positions in state government;

(2) Provide an efficient method for all college graduates to apply for state employment;

(3) Enhance affirmative action and workforce diversity programs; and

(4) Ensure that employers maintain a competitive posture in the recruitment market.

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NEW SECTION
WAC 357-16-050   How does the college recruitment program operate?   Employers using the college recruitment program may limit their outreach efforts to recent college graduates and require that job seekers have completed specific internships, work-study assignments, fellowships, or received degrees from accredited higher education institutions in order to be eligible to apply.

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NEW SECTION
WAC 357-16-055   Can an employer establish promotional organizational units?   Employers may establish promotional organizational units for purposes of promotional recruitment and hiring. Employers may limit who can apply to employees within one or more promotional organizational units by specifying that on the recruitment notice.

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NEW SECTION
WAC 357-16-060   Who determines the application process, including what information job seekers must provide to apply for employment?   The department or employer determines the application process including what information a job seeker must submit to apply for employment.

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NEW SECTION
WAC 357-16-065   What verifies that an application is complete and that the information in the application is truthful?   If the materials are submitted on paper, the job seeker's signature certifies that the information submitted is complete and truthful. If the materials are submitted electronically, the act of submitting them is considered certification that the information is complete and truthful.

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NEW SECTION
WAC 357-16-070   What screening methodologies may employers use?   Employers may use screening methods based on job analysis that they determine best evaluate a person's competencies to perform the duties and responsibilities of a class and/or a position. Screening methods may include but are not limited to reviewing resumes, interviewing applicants, and developing supplemental questionnaires for applicants to provide additional information.

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NEW SECTION
WAC 357-16-075   Can the employer apply screening methodologies that would limit the number of eligible applicants considered or admitted to an exam?   When the number of job seekers is expected to result in a number of eligible applicants that exceeds the employer's needs or the number of eligible applicants is expected to result in a pool of candidates that exceeds the employer's needs, the employer may apply screening methods to limit the number of eligible applicants to be considered further or admitted to an exam.

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NEW SECTION
WAC 357-16-085   What are the requirements for developing and administering exams?   Exams must be based upon documented job analysis that identifies the competencies needed to perform successfully in a position. Any exam must be administered uniformly to those individuals being examined unless reasonable accommodation in the exam process has been requested and granted. A person with a visible disability which might interfere with his/her ability to do the job may be asked to demonstrate how he/she would do specific, job related tasks.

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NEW SECTION
WAC 357-16-090   Who has the responsibility for requesting and granting reasonable accommodation in the exam process?   An applicant or candidate who needs reasonable accommodation in the exam process is responsible for requesting reasonable accommodation. The employer is responsible for providing reasonable accommodation unless the employer can demonstrate undue hardship. The employer must publish information regarding the procedure for requesting accommodation.

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NEW SECTION
WAC 357-16-095   How must exams be scored?   Exams must be scored using a consistent rating or scoring procedure that rates job-related competencies identified through job analysis.

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NEW SECTION
WAC 357-16-100   How soon must employers notify applicants of their exam results?   Employers must notify applicants in writing of their final exam results within a reasonable time period as determined by the employer. For purposes of this rule, written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

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NEW SECTION
WAC 357-16-105   May an employee be granted release time to take an exam or otherwise participate in an assessment process (which may include assessment tools such as phone screens, interviews, performance tests, etc)?   Employers may release employees, without a loss in pay, to take an exam or otherwise participate in an assessment process with a state agency, higher education institution or related board.

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NEW SECTION
WAC 357-16-110   Do veterans receive any preference in the hiring process?   (1) If an employer is administering an exam prior to certification, the employer must grant preference to veterans in accordance with the veterans scoring criteria provisions of RCW 41.04.010.

(2) If no exam is administered prior to certification, the employer must refer eligible veterans or eligible veterans' widows or widowers to the employing official under the provisions of RCW 73.16.010 as long as the veteran or veteran's widow or widower meets the competencies and other position requirements.

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NEW SECTION
WAC 357-16-115   Can an employer decline to further consider eligible applicants or candidates during the assessment process?   Employers may end consideration of an eligible applicant or candidate at any time during the assessment process for job-related reasons including but not limited to a applicant's or candidate's lacking required competencies, or not satisfying other requirements such as shift or geographical availability. Those applicants or candidates removed from consideration for position specific reasons may remain eligible to be considered for other positions.

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NEW SECTION
WAC 357-16-120   How does the employer determine which eligible candidates to certify to the employing official for hiring consideration?   Each employer must have a written certification procedure that specifies how the employer will determine the pool of eligible candidates to be certified to the employing official.

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NEW SECTION
WAC 357-16-125   What must be specified in the employer's certification procedure?   The employer's certification procedure must:

(1) Specify how the employer determines the pool of eligible candidates to be certified to the employing official in accordance with WAC 357-16-130;

(2) Specify how the employer determines the number of names certified if the number of eligible candidates certified to the employing official is limited;

(3) Provide for veterans' preference in accordance with WAC 357-16-110;

(4) Provide for supplemental certification of affected group members in accordance with WAC 357-16-135;

(5) Require that employing officials consider all eligible candidates certified;

(6) Provide for optional consideration of employees who have completed employer-approved training programs and are determined by the employer to meet the competencies and other position requirements;

(7) For general government employers, must provide for consideration of transition pool candidates when a certified pool contains eligible candidates other than candidates from the employer's internal or statewide layoff list or the employer's internal promotional eligibles; and

(8) Address when the employer will certify qualified individuals seeking reemployment under the provisions of WAC 357-19-470.

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NEW SECTION
WAC 357-16-130   In what order are eligible candidates certified to the employing official for hiring consideration?   Only eligible candidates who satisfy the competencies and other requirements of the position to be filled will be certified. The order for certifying must follow these criteria:

(1) If there are names on the employer's internal layoff list for the class, all eligible candidates on the internal layoff list are certified to the employing official. Internal promotional candidates, as defined by the employer's promotional policy, may also be certified.

(2) If there are no names on the employer's internal layoff list and there are names on the statewide layoff list for the class, all eligible candidates on the statewide layoff list must be certified to the employing official. Internal promotional candidates, as defined by the employer's promotional policy, may also be certified. If the certification of candidates from the statewide layoff list and internal promotional candidates does not result in at least ten (10) eligible candidates being certified, the employer may certify other eligible candidates. If a general government employer certifies other eligible candidates, all transition pool candidates who satisfy the competencies and other position requirements must be certified.

(3) If there are no names on the internal or statewide layoff list, the employer may then certify other available eligible candidates. For general government employers, all transition pool candidates who satisfy the competencies and other position requirements must be certified. Any preference granted to promotional candidates must be in accordance with the employer's promotional policies as required by WAC 357-16-140.

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NEW SECTION
WAC 357-16-135   When may an employer certify candidates for affirmative action purposes?   An employer may use supplemental certification to add to the certified pool when:

(1) Per the employer's certification procedure, the number of eligible candidates being certified is fewer than the total number of candidates eligible for certification;

(2) The employer's approved affirmative action plan shows that a goal exists in the job category for the particular affected group; and

(3) There are no individuals on the internal layoff list or statewide layoff list for the class who satisfy the competencies and other position requirements for the position.

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NEW SECTION
WAC 357-16-140   Who may be certified using supplemental certification?   Supplemental certification may apply to eligible goal area candidates who meet the competencies and other position requirements and are members of the affected groups of persons with disabilities, Vietnam Era veterans, disabled veterans, or persons of age forty and over.

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NEW SECTION
WAC 357-16-150   Must employers develop a promotional policy?   Each employer must have a written promotional policy which:

(1) Defines who is considered a promotional candidate, including whether probationary employees and permanent employees who have left the employer to accept project or nonpermanent appointments with other employers are considered as promotional candidates;

(2) Identifies the employer's promotional organizational units, if any;

(3) Identifies how promotional preference will be applied in recruitment and certification, if at all; and

(4) Specifies the duration of any promotional candidate lists or pools.

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NEW SECTION
WAC 357-16-155   Can an eligible's name be removed from an applicant or candidate pool for a class or all classes in an occupational category/class series?   An employer or the department may disqualify an individual by removing the individual's name from an applicant and/or candidate pool for a class or all classes in an occupational category/class series at anytime for good and sufficient reason.

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NEW SECTION
WAC 357-16-160   How must an employer notify an applicant or candidate who has been removed from an applicant or candidate pool?   An employer must notify an applicant or candidate who has been removed from an applicant or candidate pool at the time of the removal. The notice must be in writing and specify the reason for the removal. The notice must explain the right to request a review of the removal under the provisions of WAC 357-16-170, WAC 357-16-175 and WAC 357-16-180. For purposes of this rule, written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

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NEW SECTION
WAC 357-16-170   Can an applicant or candidate request a review of his/her exam results or the removal of his/her name from an applicant or candidate pool?   An applicant or candidate may request a review of his/her exam results or the removal of his/her name from an applicant or candidate pool.

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NEW SECTION
WAC 357-16-175   To whom and by when must an applicant or candidate request a review of the results of an exam or removal from an applicant or candidate pool?   If the employer is responsible for the assessment process, requests for reviews under the provisions of WAC 357-16-170 must be made to the employer. If the director is responsible for the assessment process, requests for reviews under the provisions of WAC 357-16-170 must be made to the department.

The request for a review must be received at the employer's office or the department's office within twenty calendar days following notice of the action for which a review is requested.

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NEW SECTION
WAC 357-16-180   Are assessment review decisions subject to appeal?   Review decisions made under the provisions of WAC 357-16-170 are final and not subject to further review or appeal.

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NEW SECTION
WAC 357-16-190   What happens if an individual is certified in error?   The director or the employer may invalidate the trial service or probationary appointment of an individual who was not eligible to be certified, but was certified in error.

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NEW SECTION
WAC 357-16-195   Can an eligible candidate be required to pass a medical or psychological examination?   After a conditional offer of employment is made, an eligible candidate may be required to pass a medical examination relevant to the demands of the work.

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NEW SECTION
WAC 357-16-200   If a medical or psychological examination is required, who pays for it?   The employer is responsible for the cost of any medical or psychological examination required under WAC 357-16-195.

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NEW SECTION
WAC 357-16-205   If a job-related disability is revealed during a medical or psychological examination what is the employer's responsibility?   If a medical or psychological examination reveals a job-related disability and the candidate is otherwise qualified, the employer must consider ways to provide reasonable accommodation for the disability before making an appointment decision.

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