WSR 05-04-042

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed January 27, 2005, 3:36 p.m. , effective March 1, 2005 ]


Purpose: These rules pertain to allocation appeals for higher education positions.

Citation of Existing Rules Affected by this Order: Amending WAC 251-06-070.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-01-241 on December 22, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

Date Adopted: January 26, 2005.

E. C. Matt

Director


AMENDATORY SECTION(Amending WSR 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.]


NEW SECTION
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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Washington State Code Reviser's Office