PERMANENT RULES
Purpose: The purpose of these rules is to address director's reviews.
Citation of Existing Rules Affected by this Order: Amending WAC 357-49-010, 357-52-010, and 357-52-190.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 05-16-092 on August 2, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 7, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 7, Amended 3, Repealed 0.
Date Adopted: September 8, 2005.
Eva N. Santos
Director
(2) An individual may request a director's review of the removal of his/her name from a layoff list as specified in WAC 357-46-145.
(3) An employee may request a director's review of the following:
(a) Allocation or reallocation per WAC 357-13-080; or
(b) Performance evaluation process or procedure per WAC 357-37-080.
(4) In addition to the subject((s)) listed in section (2)
of this rule, an employee may request a director's review of
an alleged violation of the civil service laws or rules within
thirty calendar days of the date the employee could reasonably
be expected to have knowledge of the action giving rise to a
law or rule violation claim or the stated effective date,
whichever is later. An employee may not request a director's
review of:
(a) ((a))Allegations arising from the development and
adoption of the classification plan under the provisions of
WAC 357-10-020;
(b) An alleged violation of civil service laws or rules pertaining to layoff, except for removal of his/her name from a layoff list as provided in subsection 2 of this section; or
(c) ((t))The actions of reduction, dismissal, suspension,
demotion or separation.
(5) An individual may request the director review his/her request for remedial action per WAC 357-19-430 or 357-19-450. Requests for remedial action must be received within thirty calendar days of the date the individual could reasonably be expected to have knowledge of the action giving rise to violation of the nonpermanent appointment or temporary appointment rules.
[Statutory Authority: Chapter 41.06 RCW. 05-12-082, § 357-49-010, filed 5/27/05, effective 7/1/05; 05-01-182, § 357-49-010, filed 12/21/04, effective 7/1/05.]
(1) Review of an employee's allocation or reallocation per WAC 357-13-080;
(2) Review of an alleged violation of civil service law or rules per WAC 357-49-010 (2) and (4); and
(3) Review of a remedial action request per WAC 357-49-010(5).
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(1) Through December 31, 2005, with personnel appeals board; and
(2) As of January 1, 2006, with personnel resources board.
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(2) For allocation reviews, employees must submit all exhibits through the employer's human resource office. The employer's human resource representative is responsible for forwarding all exhibits to the director or designee within the time frames set by the director or designee.
(3) For all other director's reviews, the party submitting the exhibit is responsible for providing copies to the director or designee and opposing party within the time frames set by the director or designee.
(4) The parties must pre-mark their exhibits for identification before they are provided to the opposing party and submitted to the director or designee.
(5) The director or designee may limit the number, scope and timing of exhibits.
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(2) For all other director's determinations, if no exceptions are filed, the determination becomes final thirty calendar days after notice of the determination is served on the parties.
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(2) Any employee, subject to the statutory jurisdiction of the board who is affected by a violation of the state civil service law (chapter 41.06 RCW) or the rules contained in Title 357 WAC, or an employer, may appeal to the board as follows:
(a) For a violation of state civil service law or rules relating to a layoff action, excluding removal from a layoff list, the employee may appeal directly to the board.
(b) For a violation of state civil service law or rules relating to any other subject, including removal from a layoff list, the employee or employer may appeal to the board by filing written exceptions to the director's review determination, except as provided in WAC 357-49-010(1).
(3) Through December 31, 2005, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel appeals board by filing written exceptions to the director's review determination in accordance with Title 358 WAC. As of January 1, 2006, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel resources board by filing written exceptions to the director's review determination.
(4) An employee whose position has been exempted from chapter 41.06 RCW may appeal the exemption to the board.
(5) An individual or the employer may appeal remedial action to the board by filing written exceptions to the director's review determination.
(6) Any permanent Washington management service employee who is dismissed, suspended, demoted, or separated, or whose base salary is reduced may appeal to the board. A determination of which Washington management service positions will be eliminated in a reduction-in-force action is not subject to appeal.
[Statutory Authority: Chapter 41.06 RCW. 05-01-190, § 357-52-010, filed 12/21/04, effective 7/1/05.]
[Statutory Authority: Chapter 41.06 RCW. 05-01-191, § 357-52-190, filed 12/21/04, effective 7/1/05.]
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