WSR 05-01-243

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 22, 2004, 11:40 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 356-10-060 Allocation -- Request for review and 356-10-065 Exceptions -- Allocations--Reviews.

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 a director's review 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 a director's review 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. The employee may request the agency review the position.

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

Director


AMENDATORY SECTION(Amending WSR 98-19-034, filed 9/10/98, effective 10/12/98)

WAC 356-10-060   Allocation -- Request for review.   A review by the director of personnel or designee of the allocation, reallocation of a position, or incumbent status may be requested, except as specified in WAC 356-10-065, by the incumbent in the position at the time the reallocation was requested, or on the date the allocation decision was issued, or at the conclusion of a class study, or by the agency director as follows:

(1) The written request for a review must be filed with the director of personnel within 30 calendar days following notification of the effective date of the action and must contain the reasons and basis for the review.

(2) The director of personnel or designee shall acknowledge receipt of the request and send a copy of the request to the agency.

(3) The agency shall make every effort to resolve the disagreement through agency procedures.

(4) During the review, the director of personnel or designee shall conduct a hearing and may investigate and obtain such information as may be deemed necessary.

(5) Within 30 days of the receipt of the request for review, the director of personnel or designee shall set a date for a hearing and shall notify the incumbent employee, employing agency, employee organization, and designated department of personnel analyst: Provided, That the notice shall not be less than 20 calendar days. The hearing shall be informal and any of the above designated parties may present their views. The director of personnel or designee will enter a written determination and provide each of the participating parties with a copy.

(6) An employee or agency may appeal the determination of the director of personnel or designee to the personnel appeals board as provided in Title 358 WAC.

(7) Allocation or reallocation reviews which result from a class-wide or broader position survey need not be heard until the director of personnel or designee has had a reasonable period of time to reexamine the position in question and all pertinent facts.

(8) Wherever possible, agencies shall continue employee's duties unchanged, pending an allocation decision.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-10-060, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-154 (Order 429), 356-10-060, filed 9/22/93, effective 11/1/93. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-10-060, filed 11/16/81; 80-13-047 (Order 147), 356-10-060, filed 9/16/80; 79-03-010 (Order 128), 356-10-060, filed 2/14/79; 78-12-026 (Order 126), 356-10-060, filed 11/15/78; 78-10-070 (Order 123), 356-10-060, filed 9/26/78; Order 87, 356-10-060, filed 5/4/76, effective 6/5/76; Repealed by Order 81, 356-10-060, filed 8/21/75, effective 9/21/75*; Order 36, 356-10-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-090.]


NEW SECTION
WAC 356-10-065   Exceptions -- Allocation -- Reviews.   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 request the director of personnel to review. The employee may request the agency review his/her position in accordance with the provisions of WAC 356-10-030. Following the position review, the employee may request a director's review of the results of the position review per WAC 356-10-060.

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