WSR 06-03-071

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed January 12, 2006, 2:00 p.m. , effective February 13, 2006 ]


Effective Date of Rule: February 13, 2006.

Purpose: The purpose of these rules is to address when someone's name is removed from a layoff list or from an applicant and/or candidate pool, and director's reviews.

Citation of Existing Rules Affected by this Order: WAC 357-46-135 What causes an individual's name to be removed from a layoff list?, 357-46-140 What is the notice requirement when an individual's name has been removed from an internal or statewide layoff list?, 357-46-145 To whom and by when must an individual request a review of the removal from an internal or statewide layoff list?, 357-16-157 Is an eligible's name removed from applicant and/or candidate pools when he/she is appointed to a position?, 357-16-160 How must an employer notify an applicant or candidate who has been removed from an applicant or candidate pool?, 357-16-170 Can an applicant or candidate request a review of his/her examination results or the removal of his/her name from an applicant or candidate pool?, and 357-49-010 For what actions may an individual request a director's review?

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-24-128 on December 7, 2005.

Changes Other than Editing from Proposed to Adopted Version: A withdrawal was filed on December 20, 2005 (WSR 06-01-080) for the modifications to WAC 357-16-175 and 357-16-177. In the proposed version the words "his/her examination results" was deleted from WAC 357-16-170, in the adopted version this was not deleted. In the proposed version of WAC 357-49-010 reference to the assessment process and "his/her examination results" was deleted, in the adopted version this was not deleted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 6, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 6, Repealed 0.

Date Adopted: January 12, 2006.

Eva N. Santos

Director


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

WAC 357-46-135   What causes an individual's name to be removed from a layoff list?   (1) An individual's name must be removed from an internal layoff list or statewide layoff list at the request of the individual or upon an employee's retirement, resignation, expiration of eligibility or dismissal from the employer.

(2) An individual's name may be removed from the internal and/or statewide layoff list for a class when:

(a) The individual is appointed to a position in the class. The individual may also be removed from the internal and/or statewide layoff list for any classes with a lower salary range maximum in that class series/occupational category.

(b) The individual is appointed to a position in a class with a higher salary range maximum in a different class series/occupational category.

(((b))) (c) The individual has been certified from the layoff list and waives consideration for a position in the class three times.

(((c))) (d) The employer determines good and sufficient reason exists.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, 357-46-135, filed 9/1/04, effective 7/1/05.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 05-01-184, filed 12/21/04, effective 7/1/05)

WAC 357-46-140   What is the notice requirement when an individual's name has been removed from an internal or statewide layoff list?   An individual whose name has been removed from an internal or statewide layoff list in accordance with WAC 357-46-135 (2)(b), (2)(c), and (2)(d) must be notified in writing at the time of removal. The notification must provide the specific reason for the removal and inform the individual of the right to request a review of the removal under the provisions of WAC 357-46-145. Only individuals who have had their name removed under the provisions of WAC 357-46-135 (2)(b), (2)(c), and (2)(d) have the right to request a review of the removal.

For purposes of this rule, written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

[Statutory Authority: Chapter 41.06 RCW. 05-01-184, 357-46-140, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-16-042, filed 7/27/05, effective 9/1/05)

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?   (1) ((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.)) Requests for review of removal from a layoff list must be made to the employer when:

(a) The removal is based on the employer's determination that good and sufficient reason exists under the provisions of WAC 357-46-135 (2)(d); or

(b) The employer is responsible for maintaining the layoff list and removed the individual for a reason listed in WAC 357-46-135 (2)(b) or (2)(c).

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.

(2) Requests for review of removal from a layoff list must be made to the director when:

(a) The removal is based on the department's determination that good and sufficient reason exists under the provisions of WAC 357-46-135 (2)(d);

(b) The department is responsible for maintaining the layoff list and removed the individual for a reason listed in WAC 357-46-135 (2)(b) or (2)(c); or

(c) The individual is not in agreement with the results of the employer's review of the removal.

(3) The request for a review must be received at the employer's office within twenty (20) calendar days or the director's office within ((twenty (20))) thirty (30) calendar days following notice of the action for which a review is requested.

[Statutory Authority: Chapter 41.06 RCW. 05-16-042, 357-46-145, filed 7/27/05, effective 9/1/05; 04-18-114, 357-46-145, filed 9/1/04, effective 7/1/05.]


NEW SECTION
WAC 357-16-157   Is an eligible's name removed from applicant and/or candidate pools when he/she is appointed to a position?   An eligible's name is removed from the applicant and/or candidate pool for the class to which he/she is appointed and all lower classes in the same class series/occupational category.

[]


AMENDATORY SECTION(Amending WSR 05-01-200, filed 12/21/04, effective 7/1/05)

WAC 357-16-160   ((How must an employer notify an applicant or candidate who has been removed from an applicant or candidate pool?)) Must an applicant or candidate who has been removed for good and sufficient reason per WAC 357-16-155 be notified of the removal?   ((An)) When an applicant or candidate is removed from an applicant or candidate pool for good and sufficient reason per WAC 357-16-155, the employer or the department must notify ((an)) the applicant or candidate ((who has been removed from an applicant or candidate pool)) at the time of the removal. The notice must be in writing and specify the reason for the removal. The notice must explain the right to request a review of the removal under the provisions of WAC 357-16-170, 357-16-175 and 357-16-180. For purposes of this rule, written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, 357-16-160, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-187, filed 12/21/04, effective 7/1/05)

WAC 357-16-170   Can an applicant or candidate request a review of his/her examination results or the removal of his/her name from an applicant or candidate pool?   An applicant or candidate may request a review of his/her examination results or the removal of his/her name from an applicant or candidate pool when the removal is due to good and sufficient reason under the provisions of WAC 357-16-155.

[Statutory Authority: Chapter 41.06 RCW. 05-01-187, 357-16-170, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-19-011, filed 9/8/05, effective 10/10/05)

WAC 357-49-010   For what actions may an individual request a director's review?   (1) If the department is responsible for the assessment process, an applicant or candidate may request a director's review of his/her examination results or the removal of his/her name from an applicant or candidate pool as specified in WAC 357-16-175. Director review decisions regarding the removal of an individual's name from an applicant or candidate pool or an individual's examination results are final and not subject to further review or appeal.

(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 listed in section (2) of this rule, an employee ((may request a director's review of an alleged)) who has been adversely affected by a violation of the civil service laws or rules may request a director's review 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) 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) 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. 05-19-011, 357-49-010, filed 9/8/05, effective 10/10/05; 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.]