WSR 10-08-101

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 7, 2010, 9:17 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-58-320 What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on May 13, 2010, at 8:30 a.m.

Date of Intended Adoption: May 13, 2010.

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 5, 2010. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by May 5, 2010, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Effective December 15, 2009, WAC 357-19-070 was changed so that employers will have discretion of whether or not to count time served in a current probationary or trial service period towards the probationary or trial service period of a new position. We are now proposing a similar change be made to WAC 357-58-320. This change will give employers discretion of whether or not to count time served in a WMS review period towards the review period of a new WMS position.

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 Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, (360) 664-6408; Implementation and Enforcement: Department of personnel.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

April 7, 2010

Eva N. Santos

Director

OTS-3049.2


AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

WAC 357-58-320   What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?   If a WMS employee is promoted to a different WMS position in the same agency during the review period((,)) the ((following applies:

(1) Time served in the initial review period counts towards the review period of the new position if the employer determines the positions are closely related.

(2) The review period starts over if the employer determines the positions are not closely related)) employer may count time served in the initial review period towards the review period of the new position.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-320, filed 5/27/05, effective 7/1/05.]

Washington State Code Reviser's Office