WSR 05-09-103

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 20, 2005, 10:40 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-04-105 When the civil service rules require an applicant, candidate, or employee, or employer to receive notice, how must notice be provided? and 357-40-050 How must notice of disciplinary action be provided to an employee?

Hearing Location(s): Department of Personnel, Joan B. Darin Conference Room, 521 Capitol Way South, Olympia, WA, on May 24, 2005, at 10:00 a.m.

Date of Intended Adoption: May 24, 2005.

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 May 18, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 18, 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 that notice of disciplinary action must be provided by personal service or certified mail.

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: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding disciplinary actions. This proposal implements this provision of the Personnel System Reform Act.

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.

April 19, 2005

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-201 [05-01-203], filed 12/21/04, effective 7/1/05)

WAC 357-04-105   When the civil service rules require an applicant, candidate, employee, or employer to receive notice, how must notice be provided?   (1) Except as provided in chapters 357-40 and 357-52 WAC, when the civil service rules require an applicant, candidate, employee, or employer to receive notice, the notice must be provided by personal delivery, United States mail, or by telephone facsimile transmission with same-day mailing of copies unless the specific rule requiring notice allows for alternative methods of providing notice such as electronic mail ("e-mail"), state mail service, commercial parcel delivery or campus mail service.

(2) Except as provided in chapters 357-40 and 357-52 WAC, service of notice upon parties will be regarded as completed when personal delivery has been accomplished; or upon deposit in the United States mail, properly stamped and addressed; or upon production by telephone facsimile transmission of confirmation of transmission. When a specific rule allows alternative methods of service, service upon parties will be regarded as completed when it is actually received by the party to which notice is being provided.

[Statutory Authority: Chapter 41.06 RCW. 05-01-203, 357-04-105, filed 12/21/04, effective 7/1/05.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 357-40-050   How must notice of disciplinary action be provided to an employee?   Notice of dismissal, suspension, demotion, or reduction in base salary must be provided by personal service or certified letter through the United States mail. Service of notice will be regarded as completed when personal delivery has been accomplished; or upon deposit of a certified letter in the United States mail properly stamped and addressed to the employee's last known home address.

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Washington State Code Reviser's Office