WSR 04-18-125

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed September 1, 2004, 9:54 a.m. ]

Supplemental Notice to WSR 04-13-030.

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

Title of Rule and Other Identifying Information: WAC 357-46-140 What is the notice requirement when an individual's name has been removed from an internal or statewide layoff list?

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: Language was added to the new section referenced above since the original filing. The new language states "only individuals who have had their name removed under the provisions of WAC 357-46-135(2) have the right to request a review of the removal."

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: The added language since the original filing clarifies and emphasizes that only individuals removed from the internal or statewide layoff list under the provisions of WAC 357-46-135(2) have the right to request a review of the removal.

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 357-46-140   What is the notice requirement when an individual's name has been removed from an internal or statewide layoff list?   An individual whose name has been removed from an internal or statewide layoff list in accordance with 357-46-135(2) must be notified in writing at the time of removal. The notification must provide the specific reason for the removal and inform the individual of the right to request a review of the removal under the provisions of WAC 357-46-145. Only individuals who have had their name removed under the provisions of WAC 357-46-135(2) have the right to request a review of the removal.

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.

[]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office