WSR 10-23-042

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed November 10, 2010, 9:23 a.m. , effective December 13, 2010 ]


     Effective Date of Rule: December 13, 2010.

     Purpose: This proposal adds language which references the fifteen calendar days notice requirement found in WAC 357-13-070. We are also proposing adding a 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.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-13-085.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 10-20-174 on October 6, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: November 10, 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.]

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