WSR 06-15-066

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed July 13, 2006, 10:10 a.m. , effective August 14, 2006 ]


Effective Date of Rule: August 14, 2006.

Purpose: The purpose of this rule is to explain when an agency can convert a nonpermanent appointment to a probationary or trial service appointment.

Citation of Existing Rules Affected by this Order: Amending WAC 357-19-400.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 06-12-098 on June 7, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: July 13, 2006.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-400   Can the agency convert a general government nonpermanent appointment to a probationary or trial service appointment?   (1) When an agency uses a competitive process to make a nonpermanent appointment to fill a position in the absence of a permanent employee or fill a position nonpermanently due to the impending or actual layoff of a permanent employee(s), the agency may change the status of the appointment to probationary or if the employee held permanent status prior to the nonpermanent appointment to trial service if:

(a) The permanent employee does not return to the position or the layoff action has been implemented; and

(b) The agency needs to fill the position permanently.

(((2) The agency may change the appointment status to trial service only if the employee held permanent status prior to accepting a nonpermanent appointment.))

(2) At the discretion of the appointing authority, time spent in the nonpermanent appointment may count towards the probationary or trial service period for the permanent position.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, 357-19-400, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office