Purpose: This rule pertains to when an employer can certify candidates for affirmative action purposes.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-16-135.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 05-12-127 on June 1, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: July 14, 2005.

Eva N. Santos

Director

     (1) Per the employer's certification procedure, the number of eligible candidates being certified is fewer than the total number of candidates eligible for certification;

     (2) The employer's approved affirmative action plan shows that a goal exists in the job category for the particular affected group; and

     (3) There are no individuals on the internal layoff list ((or statewide layoff)) list for the class who satisfy the competencies and other position requirements for the position.

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, § 357-16-135, filed 12/21/04, effective 7/1/05.]

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