Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-52-005 May the board waive the procedural rules contained in chapter 357-52 WAC?, 357-52-010 What actions may be appealed?, 357-52-015 By when must an appeal be filed and received in order to be considered timely?, 357-52-020 What information must be submitted with the appeal?, 357-52-025 Who is responsible for notifying the board of any change in address, telephone number or representation?, 357-52-030 Are standardized forms available for filing appeals?, 357-52-035 What happens if the appellant does not submit all the information required by WAC 357-52-020?, 357-52-040 How does the board acknowledge receipt of an appeal?, 357-52-045 Are appeals reviewed for timeliness?, 357-52-050 How does the board notify the parties when the appeal is set for hearing?, 357-52-055 May anyone other than the board adjudicate appeals or conduct prehearing meetings?, 357-52-060 Can appeals be mediated?, 357-52-065 Who mediates appeals?, 357-52-070 How are mediations conducted?, 357-52-075 What happens at the conclusion of mediation conducted by the board?, 357-52-077 What happens when the parties settle an appeal without the assistance of a board mediator?, 357-52-080 What can a prehearing conference be used for?, 357-52-085 How and when may a prehearing conference be held?, 357-52-090 How are the results of a prehearing conference documented?, and 357-52-095 What happens if one of the parties fails to participate in the prehearing conference?
Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on October 14, 2004, at 10:00 a.m.
Date of Intended Adoption: October 14, 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 October 8, 2004.
Assistance for Persons with Disabilities: Contact Department of Personnel by October 8, 2004, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purposed rules address when state employees file appeals to the Washington Personnel Resources Board. These rules also address mediation and prehearing conferences for appeals filed to the Washington Personnel Resources Board.
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 appeals.
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.
August 31, 2004
E. C. Matt
(2) Any employee, subject to the statutory jurisdiction of the board who is affected by a violation of the state civil service law (chapter 41.06 RCW) or the rules contained in Title 357 WAC, or an employer, may appeal to the board by filing written exceptions to the director's review determination, except as provided in WAC 357-49-010(1).
(3) Through December 31, 2005, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel appeals board by filing written exceptions to the director's review determination in accordance with Title 358 WAC. As of January 1, 2006, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel resources board by filing written exceptions to the director's review determination.
(4) An employee whose position has been exempted from chapter 41.06 RCW may appeal the exemption to the board.
(5) An individual or the employer may appeal remedial action to the board by filing written exceptions to the director's review determination.
(6) Any permanent Washington management service employee who is dismissed, suspended, demoted, or separated, or whose base salary is reduced may appeal to the board. A determination of which Washington management service positions will be eliminated in a reduction-in-force action is not subject to appeal.
(1) the effective date of the disciplinary action or separation,
(2) service of the director's determination unless the rules specifically state that the director's determination is final, or
(3) the effective date of the exemption of a position or the notice of exemption, whichever is later.
(a) the name and address of the appellant and if represented the name, address and telephone number of the representative,
(b) the name of the employer and the department that took the action which is being appealed,
(c) a telephone number at which the appellant can be reached,
(d) the job classification or position of the employee at the time of the action which is being appealed,
(e) a short statement of the grounds or reasons for the appeal, and if applicable, the rule(s) the appellant believes has been violated,
(f) a short statement of the relief or remedy sought by the appellant, and
(g) a short statement of whether the appellant believes the case would or would not be appropriate for mediation.
(2) An appeal of a disciplinary action, separation, or exemption must also include the effective date of the action and the employee's appointment status at the time of the action. The appeal must include a short statement of the nature of the action being appealed or a copy of the action letter from the employer.
(3) An appeal on exception to a director's determination must also detail the specific items of the director's determination to which exception is taken and should include a copy of the director's determination.
(2) If any of the required information is not provided with the appeal, the board directs the appellant to provide the missing information and sends a copy of the notice to all affected parties.
(3) The appellant must provide the missing information as requested within twenty-one calendar days of the date the notification is mailed.
(4) When the board receives the requested information, it sends a copy to the other affected parties.
(5) If the appellant fails to comply with the requirements of this section the board may dismiss the appeal according to WAC 357-52-215).
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
WAC 357-52-040 How does the board acknowledge receipt of an appeal? (1) When the board receives an appeal, it sends a written acknowledgement to the appellant and a copy to the other affected parties.
(2) If necessary, the board requests a copy of the action letter from the employer.
(2) In addition, any party to an appeal may submit a motion to dismiss for untimeliness at any time during the appeal process.
(2) Mediation and settlement discussions are privileged and the proceedings must not be reported or recorded in any manner, except for agreements reached by the parties.
(2) If a settlement is not reached, the mediator must inform the board.
(1) Simplification or limitation of issues;
(2) Possibility of obtaining stipulations, admissions of fact, and admissions of the genuineness of documents that will avoid unnecessary proof;
(3) Discovery, discovery methods and discovery deadlines;
(4) Number of witnesses expected to be called and their names when possible;
(5) Approximate time necessary for presentation of the evidence of the respective parties;
(6) Whether or when motions may be brought;
(8) Affidavits; and
(9) Such other matters as may aid in the prompt disposition of the appeal.
(2) Prehearing conferences may be held by telephone.
(3) The parties are encouraged where possible to resolve their disputes by agreement. To facilitate such resolution, the prehearing conference may be recessed at any time to give the parties time to discuss settlement of their dispute. In the event settlement is reached, the parties must notify the board and the appellant must sign and submit a request to withdraw the appeal.