WSR 09-11-067

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 14, 2009, 3:48 p.m. , effective June 16, 2009 ]


Effective Date of Rule: June 16, 2009.

Purpose: The following proposed rule modification will eliminate any reference to the term "occupational category" in TITLE 357 WAC and replace it with "class series."

Citation of Existing Rules Affected by this Order: Amending WAC 357-19-160, 357-19-240, and 357-19-285.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 09-08-093 on March 31, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: May 14, 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.

Washington State Code Reviser's Office