PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-09-040 Affirmative action program--Responsiblities--Department of Personnel and 356-22-180 Examination--Oral examining panel.
Purpose: These rules pertain to affirmative action programs and responsibilities, and oral examining panels.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: These modifications are housekeeping in nature and are intended to correct code reviser filing notes from previous filings.
Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; Implementation and Enforcement: Department of Personnel.
Name of Proponent: Department of Personnel, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules pertain to the affirmative action program and oral examining panels. The purpose of the rule regarding the affirmative action program is to outline the responsibilities of the Department of Personnel. The purpose of the rule regarding oral examining boards describes how members will be selected and criteria of the examining panels. The modifications to both of these rules are housekeeping in nature and are intended to correct code reviser filing notes from previous filings.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on September 9, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by September 2, 1999, TDD (360) 753-4107, or (360) 586-0509.
Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by September 7, 1999.
Date of Intended Adoption: September 9, 1999.
June 10, 1999
Dennis Karras
Secretary
The department of personnel is responsible for administering the state's affirmative action program and providing technical assistance to state agencies in the development and implementation of their affirmative action programs. In keeping with these responsibilities, the department of personnel will accomplish the following:
(1) Publish guidelines that will assist agencies in developing and implementing their affirmative action plan.
(2) Provide agencies with the data required to develop and implement affirmative action goals.
(3) Review agency affirmative action plans and equal employment opportunity policy statements for compliance with applicable merit system rules and established affirmative action guidelines, and recommend changes as appropriate.
(4) When plans and policy statements are in compliance, recommend them for approval to the governor's affirmative action policy committee.
(5) With the assistance of state agencies, initiate the recruitment of affected group members, including target recruitment when appropriate.
(6) Monitor items submitted to the (([personnel])) board for possible negative effect on
affirmative action.
(7) Monitor affected group participation in agencies' human resource development activities.
(8) Monitor agencies' progress in meeting goals and addressing problems identified in their affirmative action program.
[Statutory Authority: RCW 41.06.150. 99-05-043, § 356-09-040, filed 2/12/99, effective 4/1/99; 98-19-034, § 356-09-040, filed 9/10/98, effective 10/12/98; 87-02-038 (Order 267), § 356-09-040, filed 1/2/87.]
(1) The members of oral
examining panels shall be chosen primarily for their ability to judge the qualifications of
applicants objectively. At least one member by past experience and training shall be generally
familiar with the nature of the work for which the examination is being given. Emphasis will be
placed on including at least one affected group member on each oral examining (([panel]
[board])) panel.
(2) No examining panel shall have fewer than two members. No person holding political office or any officer or committee member of any political organization shall serve as a member of such panel.
(3) If conditions require establishing multiple panels, tests and instructions shall be structured to ensure uniformity of examining conditions and rating standards.
(4) Members of oral examining panels shall disclose each instance in which they know an applicant to the extent that they have formed a prior personal bias for or against an applicant and shall disqualify themselves without rating the applicant or biasing the remaining members.
[Statutory Authority: RCW 41.06.150. 99-05-043, § 356-22-180, filed 2/12/99, effective 4/1/99; 98-19-034, § 356-22-180, filed 9/10/98, effective 10/12/98; 87-02-038 (Order 267), § 356-22-180, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 78-04-014 (Order 117), § 356-22-180, filed 3/9/78; Order 36, § 356-22-180, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-220.]