WSR 15-20-076
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed October 2, 2015, 2:37 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-43-007 What provisions apply when an employee's position is eliminated because the employer has awarded a contract through the competitive contracting process as described in Title 200 WAC?, 357-43-008 What happens if an employee chooses to not be a part of the employee business unit?, and 357-43-015 Which rules explain employee business unit bid submittal and bid evaluation?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on November 12, 2015, at 8:30 a.m.
Date of Intended Adoption: November 12, 2015.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694 by November 5, 2015. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by November 5, 2015, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to change citations to WAC that are no longer accurate. All references to Title 236 WAC and individual WAC in that title are changed to reflect the rules new citation in Title 200 WAC.
Reasons Supporting Proposal: Title 236 WAC previously fell under the department of general administration's (GA) authority. In 2011 GA was abolished and its authority was incorporated in the department of enterprise services (DES), a new agency created in the same legislation that abolished GA. Because of this reorganization of state agencies, Title 236 WAC was recodified to Title 200 WAC, DES.
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: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
October 2, 2015
Roselyn Marcus
Assistant Director of Legal
and Legislative Affairs
AMENDATORY SECTION (Amending WSR 07-11-092, filed 5/16/07, effective 7/1/07)
WAC 357-43-007 What provisions apply when an employee's position is eliminated because the employer has awarded a contract through the competitive contracting process as described in Title ((236)) 200 WAC?
WAC 357-46-012 governs layoff actions resulting from the competitive contracting process as described in Title ((236)) 200 WAC.
AMENDATORY SECTION (Amending WSR 07-11-092, filed 5/16/07, effective 7/1/07)
WAC 357-43-008 What happens if an employee chooses to not be a part of the employee business unit?
When an employee chooses to not be a part of the employee business unit, the following applies:
(1) If the employee chooses to not be a part of the employee business unit before the employer's notification of the intent to award the contract to the employee business unit (as described in WAC ((236-51-600)) 200-320-600), the employee has layoff rights in accordance with WAC 357-46-012.
(2) If the employee chooses to not be a part of the employee business unit after the employer's notification of the intent to award the contract to the employee business unit (as described in WAC ((236-51-600)) 200-320-600), the employee has no layoff rights under chapter 357-46 WAC and is considered to have resigned when his/her position is eliminated.
AMENDATORY SECTION (Amending WSR 05-01-193, filed 12/21/04, effective 7/1/05)
WAC 357-43-015 Which rules explain employee business unit bid submittal and bid evaluation?
The rules explaining employee business unit bid submittals and evaluation of those bids are included in chapter ((236-51)) 200-320 WAC, Competitive contracting.