WSR 05-04-043

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed January 27, 2005, 3:38 p.m. , effective March 1, 2005 ]


Purpose: These rules pertain to allocation reviews for general government state positions.

Citation of Existing Rules Affected by this Order: Amending WAC 356-10-060.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-01-243 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.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 98-19-034, 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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Washington State Code Reviser's Office