WSR 05-12-126

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 1, 2005, 10:06 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-46-145 To whom and by when must an individual request a review of the removal from an internal or statewide layoff list.

     Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on July 14, 2005, at 10:00 a.m.

     Date of Intended Adoption: July 14, 2005.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 8, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact Department of Personnel by July 8, 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 allows an individual who is not in agreement with the results of a review by an employer (regarding removal from a layoff list) to request a director's review.

     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 lay off for state employees. The proposed modification 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.

May 31, 2005

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/04 [7/1/05])

WAC 357-46-145   To whom and by when must an individual request a review of the removal from an internal or statewide layoff list?   If the employer is responsible for maintaining the layoff list, requests for review of removal from a layoff list must be made to the employer. If the individual is not in agreement with the results of the employer's review, he/she may request a director's review of the removal. If the department is responsible for maintaining the layoff list, requests for review of removal from a layoff list must be made to the director.

     The request for a review must be received at the employer's office or the director's office within twenty (20) calendar days following notice of the action for which a review is requested.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-145, filed 9/1/04, effective 7/1/05.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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