WSR 06-03-074

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed January 12, 2006, 2:02 p.m. , effective February 13, 2006 ]


     Effective Date of Rule: February 13, 2006.

     Purpose: The purpose of these rules is to address when an appeal must be filed and what information must be submitted with the appeal.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-52-015 and 357-52-020.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 05-24-132 on December 7, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: January 12, 2006.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-190, filed 12/21/04, effective 7/1/05)

WAC 357-52-015   By when must an appeal be filed and received in order to be considered timely?   In order to be considered timely, an appeal must be received in writing at the office of the board within thirty calendar days after:

     (1) The effective date of the disciplinary action, layoff, or separation,

     (2) Service of the director's determination unless the rules specifically state that the director's determination is final, or

     (3) The effective date of the exemption of a position or the notice of exemption, whichever is later.

[Statutory Authority: Chapter 41.06 RCW. 05-01-190, § 357-52-015, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-190, filed 12/21/04, effective 7/1/05)

WAC 357-52-020   What information must be submitted with the appeal?   (1) The appeal must include:

     (a) The name and address of the appellant and if represented the name, address and telephone number of the representative,

     (b) The name of the employer and the department that took the action which is being appealed,

     (c) A telephone number at which the appellant can be reached,

     (d) The job classification or position of the employee at the time of the action which is being appealed,

     (e) A short statement of the grounds or reasons for the appeal, and if applicable, the rule(s) the appellant believes has been violated,

     (f) A short statement of the relief or remedy sought by the appellant, and

     (g) A short statement of whether the appellant believes the case would or would not be appropriate for mediation.

     (2) An appeal of a disciplinary action, separation, layoff, or exemption must also include the effective date of the action and the employee's appointment status at the time of the action. The appeal must include a short statement of the nature of the action being appealed or a copy of the action letter from the employer.

     (3) An appeal on exception to a director's determination must also detail the specific items of the director's determination to which exception is taken and should include a copy of the director's determination.

[Statutory Authority: Chapter 41.06 RCW. 05-01-190, § 357-52-020, filed 12/21/04, effective 7/1/05.]