WASHINGTON STATE REGISTER

WSR 09-08-093

PROPOSED RULES

DEPARTMENT OF PERSONNEL

[ Filed March 31, 2009, 9:38 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-19-160 Can an employee be elevated following a demotion?, 357-19-240 What positions can be designated as in-training?, 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, 2828 Capitol Boulevard, Tumwater, WA, on May 14, 2009, at 8:30 a.m.

Date of Intended Adoption: May 14, 2009.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by May 7, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by May 7, 2009, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The following proposed rule modification will eliminate any reference to the term "occupational category" in TITLE 357 WAC and replace it with "class series."

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.

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; 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.

April 1 [March 31], 2009

Eva N. Santos

Director

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

WAC 357-19-160 Can an employee be elevated following a demotion? Employers may elevate an employee with permanent status to the class held by the employee immediately prior to being demoted or to a class in the same ((~~occupational category/~~))class series which is between the current class and the class from which the employee was demoted. Elevation must be to a position for which they meet the competencies and other position requirements. The employer may require the elevated employee to serve a trial service period.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-160, filed 12/21/04, effective 7/1/05.]

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

WAC 357-19-240 What positions can be designated as in-training? Employers may designate specific positions, groups of positions, or all positions in a class or class series ((~~or an occupational category~~)), as in-training positions. Unless other staffing methods have been exhausted, positions with primary responsibility for supervision should not be designated as in-training positions.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-240, filed 12/21/04, effective 7/1/05.]

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

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. 06-15-065, § 357-19-285, filed 7/13/06, effective 8/14/06; 05-01-206, § 357-19-285, filed 12/21/04, effective 7/1/05.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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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