WASHINGTON STATE REGISTER

WSR 06-12-097

PROPOSED RULES

DEPARTMENT OF PERSONNEL

[ Filed June 7, 2006, 8:18 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-19-115 To which employer and position would an employee revert? and 357-19-285 What happens to an employee who fails to progress satisfactorily through an in-training plan?

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: These changes will clarify that when an employee fails to progress to the next step of an in-training plan they will have reversion rights in accordance with WAC 357-19-115 through 357-19-117.

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 changes are housekeeping in nature.

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 05-12-077, filed 5/27/05, effective 7/1/05)

WAC 357-19-115 To which employer and position would an employee revert? A permanent employee who does not satisfactorily complete the trial service period or a Washington management service (WMS) review period or has failed to progress to the next step of an in-training plan in accordance with WAC 357-19-285, has reversion rights with the current employer at the time of reversion. An employee has the right to revert to a position, if available, in accordance with the following:

(1) For employees reverting from trial service following a promotion, transfer or elevation, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee as defined in WAC 357-01-210, for which the employee satisfies competencies and other position requirements and which is:

(d) If no positions are available, allocated to a class which has the same or lower salary range maximum.

(2) For employees reverting from trial service following a voluntary demotion, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee as defined in WAC 357-01-210, for which the employee satisfies the competencies and other position requirements and which is allocated to a class which has the same or lower salary range maximum as the class from which the employee is reverting.

[Statutory Authority: Chapter 41.06 RCW. 05-12-077, § 357-19-115, filed 5/27/05, effective 7/1/05; 05-01-206, § 357-19-115, filed 12/21/04, effective 7/1/05.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-285 What happens to an employee who fails to progress satisfactorily through an in-training plan?

This table is used to determine what happens when an employee appointed to an in-training position fails to satisfactorily progress through the in-training plan.

Type of In-Training Position:

Class Series/Occupational Category: All positions in the occupational category/class series are designated as in-training positions by the employer Individual position: The individual position is designated as an in-training position

Employee Status:

Employee in Probationary Period -> The employee must be separated in accordance with WAC 357-46-185. -> The employee must be separated in accordance with WAC 357-46-185.

Employee in Trial Service Period If the employee WAS PERMANENT before the in-training appointment:
-> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment.
If the employee was NOT PERMANENT before the in-training appointment:
->The employee must be dismissed under the provisions of WAC 357-40-010.
-> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class in which the employee was most recently permanent.

Employee achieved permanent status in job class of the current in-training step but is failing to progress to the next step If the employee WAS PERMANENT before the in-training appointment:
-> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment.
If the employee was NOT PERMANENT before the in-training appointment:
-> The employee must be dismissed under the provisions of WAC 357-40-010.
->The employee is removed from the in-training position and has reversion rights in accordance with WAC 357-19-115 through 357-19-117. The employee has reversion rights to a position, if available, in the class in which the employee currently holds permanent status.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-285, filed 12/21/04, effective 7/1/05.]

This table is used to determine what happens when an employee appointed to an in-training position fails to satisfactorily progress through the in-training plan.
	Type of In-Training Position:
	Class Series/Occupational Category: All positions in the occupational category/class series are designated as in-training positions by the employer	Individual position: The individual position is designated as an in-training position
Employee Status:
Employee in Probationary Period	-> The employee must be separated in accordance with WAC 357-46-185.	-> The employee must be separated in accordance with WAC 357-46-185.
Employee in Trial Service Period	If the employee WAS PERMANENT* before the in-training appointment: -> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment. If the employee was NOT PERMANENT before the in-training appointment*: ->The employee must be dismissed under the provisions of WAC 357-40-010.	-> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class in which the employee was most recently permanent.


Employee achieved permanent status in job class of the current in-training step but is failing to progress to the next step	If the employee WAS PERMANENT* before the in-training appointment: -> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment. If the employee was NOT PERMANENT before the in-training appointment*: -> The employee must be dismissed under the provisions of WAC 357-40-010.	->The employee is removed from the in-training position and has reversion rights in accordance with WAC 357-19-115 through 357-19-117. The employee has reversion rights to a position, if available, in the class in which the employee currently holds permanent status.

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