WSR 05-24-134

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 7, 2005, 11:26 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-52-110 Who has the burden of proof at hearings?

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: This modification clarifies that the employer has the burden of proof in an appeal of a layoff action.

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: This modification is necessary to clarify who has the burden of proof in an appeal of a layoff action.

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


AMENDATORY SECTION(Amending WSR 05-01-191, filed 12/21/04, effective 7/1/05)

WAC 357-52-110   Who has the burden of proof at hearings?   ((At any hearing on appeal from a dismissal, suspension, demotion, reduction in base salary, or separation, the employer has the burden of supporting the charges upon which the action was initiated. At any other hearing, the party filing the appeal has the burden of proof.))

(1) At any hearing on appeal of a:

(a) Dismissal, suspension, demotion, or reduction in base salary, the employer has the burden of supporting the charges upon which the action was initiated; or

(b) Layoff or separation, the employer has the burden of supporting both the basis for the action taken and compliance with the civil service law(s) or rule(s) governing the action.

(2) At any other hearing, the party filing the appeal has the burden of proof.

[Statutory Authority: Chapter 41.06 RCW. 05-01-191, 357-52-110, filed 12/21/04, effective 7/1/05.]