WSR 06-24-095

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 5, 2006, 10:46 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?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on January 11, 2007, at 8:30 a.m.

Date of Intended Adoption: January 11, 2007.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 5, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by January 5, 2007, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed change is housekeeping in nature.

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: The two subsections following (1) were filed with the code reviser as (c) and (d) and should have been (a) and (b).

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.

December 4, 2006

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 06-15-065, filed 7/13/06, effective 8/14/06)

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:

(([(a)][(c)])) (a) Allocated to the class the employee last held permanent status in; or

(([(b)][(d)])) (b) 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. 06-15-065, 357-19-115, filed 7/13/06, effective 8/14/06; 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.]

Washington State Code Reviser's Office