WSR 04-18-114

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 1, 2004, 9:43 a.m. , effective July 1, 2005 ]


Purpose: These rules pertain to layoff and separation of state employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 04-13-030 on June 9, 2004, and WSR 04-13-190 on June 23, 2004.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-46-020, a subsection was added that requires employers to address in their layoff procedure the timeframe in which employees must select a layoff option. As a result of discussion with stakeholders it was determined that this addition was necessary.

WAC 357-46-025, language was added to subsection (2) stating that the employer and employee can agree to waive the fifteen-day notice period of layoff. Subsection (2)(a) and (b) were deleted from the proposed rule. As a result of discussion with stakeholders it was determined that these changes were necessary.

WAC 357-46-035, language which reads "in which the employee has held permanent status" was added to the third sentence of subsection (1)(a). In subsection (2)(a)(ii) "as defined in WAC 357-01-210" was added. The changes were made to clarify the intent of the proposed language.

WAC 357-46-120, subsection (3) was added which states that written notice may be provided using alternative methods for purposes of this rule. The change was made [to] allow employers to use alternative methods such as e-mail to notify employees of transition review period requirements.

WAC 357-46-135, language was added to subsection (1) which states that an individual's name must be removed from the layoff list when their eligibility expires. The change was made to clarify that an individual's name must be removed when his/her eligibility expires.

WAC 357-46-140, a continuance has been filed on this section.

WAC 357-46-210, this new section was originally proposed under WSR 04-13-190 as WAC 357-40-050. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC.

WAC 357-46-215, this new section was originally proposed under WSR 04-13-190 as WAC 357-40-055. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC.

WAC 357-46-220, this new section was originally proposed under WSR 04-13-190 as WAC 357-40-060. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC.

WAC 357-46-225, this new section was originally proposed under WSR 04-13-190 as WAC 357-40-065. The WAC number referenced in the title of the rule and the body of the rule was changed to reflect the new WAC number. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC.

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 42, 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 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 42, Amended 0, Repealed 0.

Date Adopted: July 29, 2004.

E. C. Matt

Director

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 04-19 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office