WSR 04-18-120

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed September 1, 2004, 9:49 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-46-147 What procedure must an employer use to review the removal of an individual from an internal or statewide layoff list under the provisions of WAC 357-46-140?

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: This rule addresses the procedure that must be used to review the removal of an individual from an internal or statewide layoff list under the provisions of WAC 357-46-140.

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 layoff for state positions. The proposed rule implements 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.

August 31, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-46-147   What procedure must an employer use to review the removal of an individual from an internal or statewide layoff list under the provisions of WAC 357-46-140?   Each employer must develop a review procedure that specifies the procedure the employer will use to review the removal of an individual's name from an internal or statewide layoff list. The procedure must minimally specify that the review will be conducted by a representative of the employer that was not involved in the action under review.

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