WSR 06-12-096

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 7, 2006, 8:16 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-46-135 What causes an individual's name to be removed from a layoff list?

Hearing Location(s): Department of Personnel, Hearings Room, 2828 Capitol Boulevard, Olympia, WA 98504, on July 13, 2006, at 8:30 a.m.

Date of Intended Adoption: July 13, 2006.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 7, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by July 7, 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 will clarify that an individual's name may be removed from a layoff list when they are appointed to a permanent position in the class that they were on the layoff list for or to a class with a higher salary range maximum.

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 change is a clarification that an employee will only be removed from a layoff list if they are appointed to a permanent position.

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; 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.

June 6, 2006

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 06-03-071, filed 1/12/06, effective 2/13/06)

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 permanent 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 permanent position in a class with a higher salary range maximum in a different class series/occupational category.

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

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

[Statutory Authority: Chapter 41.06 RCW. 06-03-071, 357-46-135, filed 1/12/06, effective 2/13/06; 04-18-114, 357-46-135, filed 9/1/04, effective 7/1/05.]

Washington State Code Reviser's Office