WSR 97-13-045



[Filed June 13, 1997, 11:28 a.m., effective August 1, 1997]

Date of Adoption: June 12, 1997.

Purpose: These rule modifications are housekeeping in nature and remove duplicative language of a statute that was repealed.

Citation of Existing Rules Affected by this Order: Repealing WAC 251-12-270; and amending WAC 251-12-600 and 251-20-020.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 97-10-089 on May 7, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 2, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 1.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 2, repealed 1.

Effective Date of Rule: August 1, 1997.

June 13, 1997

Dennis Karras



The following section of the Washington Administrative Code is repealed:

WAC 251-12-270 Superior court appeals--Grounds--Notice requirements.

AMENDATORY SECTION (Amending WSR 90-01-007, filed 12/7/89, effective 1/7/90)

WAC 251-12-600 Remedial action. (1) The director may take remedial action when it is determined that the following conditions exist.

(a) The hiring institution has made an appointment that does not comply with higher education personnel board rules.

(b) The employee has worked in one or more positions for more than one thousand fifty hours in any twelve consecutive month period since the original hire date or October 1, 1989, whichever is later. (These hours do not include overtime or work time as described in WAC 251-04-040(2).)

(c) The position or positions are subject to civil service.

(d) The employee has not taken part in any willful failure to comply with these rules.

(2) Remedial action includes the power to confer permanent status, set salary, establish seniority, and determine benefits accrued from the seniority date. Remedial action also includes other actions the director may require to meet the highest personnel standards.

(3) If the institution has complied with WAC 251-19-122, the employee must:

(a) Submit any request for remedial action in writing; and

(b) File the request within thirty calendar days after the effective date of the alleged violation of the conditions of employment which are to be specified in the written notification of temporary appointment.

(4) The director's order for remedial action shall be final and binding unless exceptions are filed with the personnel appeals board within thirty calendar days of the date of service of the order. Exceptions must state the specific items of the order to which exception is taken. The personnel appeals board will review the exceptions and may hold a hearing prior to modifying or affirming the director's order.

[Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, 251-12-600, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), 251-12-600, filed 6/21/89, effective 10/1/89; 88-22-057 (Order 174), 251-12-600, filed 11/1/88; 81-24-019 (Order 92) 251-12-600, filed 11/24/81, effective 1/1/82; 79-03-029 (Order 71), 251-12-600, filed 2/27/79, effective 4/2/79; Order 61, 251-12-600, filed 8/30/77, effective 10/1/77.]

AMENDATORY SECTION (Amending WSR 84-16-067 (Order 119), filed 7/31/84)

WAC 251-20-020 Employee performance evaluation--Forms. (1) Standardized performance evaluation forms approved by the ((board)) director shall be used to record employee evaluations. The forms shall contain standard "rating factors" and shall provide for one or more "optional factors" developed by the institution, which reflect organizational requirements and specific job-related aspects of performance.

(2) The approved forms shall accommodate the provisions of WAC 251-20-040.

(3) The approved forms may be supplemented with other forms and/or information used by an institution to support the ratings recorded on the approved forms.

[Statutory Authority: RCW 28B.16.100. 84-16-067 (Order 119), 251-20-020, filed 7/31/84; 78-06-068 (Order 68), 251-20-020, filed 5/25/78, effective 7/1/78.]

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