Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-16-130 In what order are eligible candidates certified to the employing official for hiring consideration? and 357-46-100 Who administers and establishes operating procedures for the general government transition pool program?

     Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on January 12, 2006, at 10:00 a.m.

     Date of Intended Adoption: January 12, 2006.

     Submit Written Comments to: Sandi Stewart, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 6, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact Department of Personnel by January 6, 2006, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These modifications will allow a general government employer to consider internal promotional candidates prior to considering candidates from the general government transition pool.

     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: These modifications are necessary so that a general government employer can consider internal promotional candidates prior to considering candidates from the general government transition pool.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sandi Stewart, 521 Capitol Way South, Olympia, WA, (360) 664-6324; 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.

December 6, 2005

M. P. Sellars

for Eva N. Santos

Director

     (1) If there are names on the employer's internal layoff list for the class, all eligible candidates on the internal layoff list are certified to the employing official. Internal promotional candidates, as defined by the employer's promotional policy, may also be certified.

     (2) If there are no names on the internal layoff list, the employer:

     (a) Must certify((:)) all statewide layoff candidates who satisfy the competencies and other position requirements.

     ((•     All statewide layoff candidates who satisfy the competencies and other position requirements; and))

     ((•     For general government employers, all transition pool candidates who satisfy the competencies and other position requirements.))

     (b) May then certify other available eligible candidates. Any preference granted to promotional candidates must be in accordance with the employer's promotional policies as required by WAC 357-16-150.

     (3) General government employers must certify transition pool candidates, who satisfy the competencies and other position requirements, when a certified pool contains eligible candidates other than layoff or internal promotional candidates.

[Statutory Authority: Chapter 41.06 RCW. 05-12-083, § 357-16-130, filed 5/27/05, effective 7/1/05; 05-01-200, § 357-16-130, filed 12/21/04, effective 7/1/05.]

     (1) General government employers must certify transition pool candidates when ((there are no internal layoff list candidates)) a certified pool contains eligible candidates other than layoff or internal promotional candidates.

     (2) Transition pool candidates must satisfy the competency and other position requirements to be considered for a position.

[Statutory Authority: Chapter 41.06 RCW. 05-19-005, § 357-46-100, filed 9/8/05, effective 10/10/05; 04-18-114, § 357-46-100, filed 9/1/04, effective 7/1/05.]