WSR 05-01-241



[ Filed December 22, 2004, 11:39 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 251-06-070 Allocation appeal and 251-06-072 Exceptions--Allocation appeal.

Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on January 26, 2005, at 2:00 p.m.

Date of Intended Adoption: January 26, 2005.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 20, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by January 20, 2005, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed modification and new section clarify when an employee can request an appeal regarding their position being reallocated.

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: This modification and new section explain that an employee cannot request an appeal regarding reallocation of their position when the reallocation is to a class with the same salary range maximum based upon the director implementing a new classification plan under the provisions of RCW 41.06.136.

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.

December 22, 2004

E. C. Matt


AMENDATORY SECTION(Amending 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-06-070   Allocation appeal.   (1) ((The)) Except as provided in WAC 251-06-072, the employee or employee representative may file a written appeal with the director under provisions of WAC 251-06-050 or 251-06-060 when:

(a) The response required in WAC 251-06-060(2) is not issued to the employee or employee representative within the required sixty calendar day period following receipt of the employee request; or

(b) The response fails to address the specific reason(s) that the request was not approved; or

(c) The employee disagrees with the results of a position review conducted by the personnel officer. The written appeal should include information which will assist the director in determining the proper allocation of the position.

(2) The director shall investigate and issue a determination. Within thirty calendar days of the date of service of the director's determination, the employee, employee representative or institution may file written exceptions with the personnel appeals board as provided in Title 358 WAC.

[Statutory Authority: RCW 41.06.150. 98-19-035, 251-06-070, filed 9/10/98, effective 10/12/98; 97-01-065, 251-06-070, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100. 90-02-052, 251-06-070, filed 12/29/89, effective 2/1/90; 82-04-069 (Order 93), 251-06-070, filed 2/3/82; 79-12-088 (Order 81), 251-06-070, filed 12/3/79; 78-06-068 (Order 68), 251-06-070, filed 5/25/78, effective 7/1/78; Order 63, 251-06-070, filed 11/22/77; Order 61, 251-06-070, filed 8/30/77, effective 10/1/77; Order 37, 251-06-070, filed 10/15/74; Order 10, 251-06-070, filed 12/16/71.]

WAC 251-06-072   Exceptions -- Allocation appeal.   When an employee's position is reallocated to a class with the same salary range maximum based upon the Director implementing a new classification plan under the provisions of RCW 41.06.136, an employee does not have the right to appeal the allocation of the employee's position. The employee may request a position review in accordance with the provisions of WAC 251-06-060. Following the position review, the employee may file an appeal of the results of the position review per WAC 251-06-070.


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