WSR 10-08-103

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 7, 2010, 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 357-16-025 How must employers and the department inform prospective applicants of recruitments?, 357-16-100 Must employers make final examination results available to an applicant?, and 357-16-157 Is an eligible's name removed from applicant and/or candidate pools when he/she is appointed to a position?

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: Due to the launch of a new on-line recruiting system, the department of personnel staff conducted a review of the recruitment rules (chapter 357-16 WAC). The new system will not have a central talent pool therefore we are proposing to remove the "central talent pool" language from WAC 357-16-025. WAC 357-16-100 currently says an applicant's exam results must be made available "within a reasonable time period." Under the new system the exams are not scored until after the applicant is processed. This could delay the applicant receiving their score. Therefore staff is proposing a repeal of WAC 357-16-100. Also under the new system there is not a way to remove a candidate from a list other than when they are appointed from the list. Staff is therefore proposing we change the rule to say the applicant's name "may be" removed rather than "is" removed.

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:

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-3107.1


AMENDATORY SECTION(Amending WSR 07-23-009, filed 11/8/07, effective 12/11/07)

WAC 357-16-025   How must employers and the department inform prospective applicants of recruitments?   Employers shall determine the appropriate method to solicit job seekers, which may include but not be limited to, public announcements; searching the ((state central talent pool; or, using an)) employer or the department's maintained talent pool. Recruitment announcements shall inform prospective job seekers how to apply for, or express interest in, positions which may come open for recruitment.

[Statutory Authority: Chapter 41.06 RCW. 07-23-009, 357-16-025, filed 11/8/07, effective 12/11/07; 06-19-065, 357-16-025, filed 9/19/06, effective 10/20/06; 05-01-200, 357-16-025, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)

WAC 357-16-157   Is an eligible's name removed from applicant and/or candidate pools when he/she is appointed to a position?   An eligible's name ((is)) may be removed from the applicant and/or candidate pool for the class to which he/she is appointed and all lower classes in the same class series.

[Statutory Authority: Chapter 41.06 RCW. 09-11-063, 357-16-157, filed 5/14/09, effective 6/16/09; 06-03-071, 357-16-157, filed 1/12/06, effective 2/13/06.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 357-16-100 Must employers make final examination results available to an applicant?

Washington State Code Reviser's Office