WSR 10-20-174

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed October 6, 2010, 11:35 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-13-085 How is the effective date of a reallocation determined?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on November 10, 2010, at 8:30 a.m.

Date of Intended Adoption: November 10, 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 November 3, 2010. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by November 3, 2010, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing language be added to WAC 357-13-085 which references the fifteen calendar days' notice requirement found in WAC 357-13-070. We are also proposing adding new subsection (4) which explains the effective date of a reallocation downward when the reallocation is a result of a director's review or of a personnel resources board order.

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: , governmental.

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.

October 6, 2010

Eva N. Santos

Director

OTS-3512.3


AMENDATORY SECTION(Amending WSR 05-01-201, filed 12/21/04, effective 7/1/05)

WAC 357-13-085   How is the effective date of a reallocation determined?   The effective date of a reallocation is determined as follows:

(1) The effective date of a reallocation resulting from the director's implementation or revisions to the classification plan is the effective date of the director's action.

(2) The effective date of an employer-initiated reallocation is determined by the employer. Notice of a reallocation to a class with a lower salary range maximum must be provided in accordance with WAC 357-13-070.

(3) The effective date of a reallocation resulting from an employee request for a position review is the date the request was filed with the employer unless the result of the position review is a reallocation to a class with a lower salary range maximum. Notice of reallocation to a class with a lower salary range maximum must be provided in accordance with WAC 357-13-070.

(4) The effective date of a reallocation to a class with a lower salary range maximum resulting from a director's review determination to reallocate to a lower classification than the employer's determination is thirty calendar days from the date of the director's determination unless the review determination is appealed to the personnel resources board. The effective date of a reallocation to a class with a lower salary range maximum resulting from a board order to reallocate to a lower classification than the employer's determination is thirty calendar days from the date of the board's order.

[Statutory Authority: Chapter 41.06 RCW. 05-01-201, 357-13-085, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office