WSR 00-18-028

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed August 29, 2000, 11:20 a.m. ]

Original Notice.

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

Title of Rule: WAC 356-22-220 Veterans preference in examinations, 251-17-150 Veterans preference, and 251-17-175 Final examination score.

Purpose: These rules define veteran and allow eligible veterans preference in examinations.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications are needed as result of legislative changes which became effective June 1, 2000.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; 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 define veteran and allows eligible veterans preference in examinations. As a result of the passing SSB 5366, these modifications change "preference" to "scoring" and extends the eligibility period from eight to fifteen years. This eligibility period can also be extended beyond fifteen years by the appointing authority of an agency or personnel officer of an institution of higher education for valid and extenuating circumstances.

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 November 9, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by November 2, 2000, TDD (360) 753-4107, or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by November 7, 2000.

Date of Intended Adoption: November 9, 2000.

August 17, 2000

Dennis Karras

Secretary


AMENDATORY SECTION(Amending WSR 98-19-034, filed 9/10/98, effective 10/12/98)

WAC 356-22-220
Veterans ((preference)) scoring in examinations.

(((1) The term veteran as used in this rule shall include any person who has served in any branch of the armed forces of the United States during:

(a) World War II;

(b) The Korean Conflict;

(c) The Viet Nam Era, beginning August 5, 1964 and ending May 7, 1975;

(d) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(e) The following armed conflicts, if the participant was awarded the respective campaign badge or medal: the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor; ((or))

(f) Who has received the armed forces expeditionary medal, Marine Corps expeditionary medal, or Navy expeditionary medal, for opposed action on foreign soil.

(2) Further, only persons who received an honorable discharge or who received a discharge for physical reasons with an honorable record or who were released from active duty under honorable circumstances shall be eligible for this veterans preference.))

(1) In all competitive examinations, any veteran who submits the qualifying DD214 form, has honorably served in any branch of the armed forces, and did not serve during a period of war or in an armed conflict or is receiving military retirement shall have five percent added to their final passing score. The percentage shall be added until the person's first appointment and shall not be utilized in promotional examinations.

(((3))) (2) In all competitive examinations, veterans, as defined in subsection (4) of this section and upon submission of their qualifying DD214 form, shall be given ((a preference)) additional percentages by adding to the passing ((grade)) score, ((based upon a possible rating of 100 points as perfect,)) a percentage of such passing ((grade)) score under the following conditions:

(a) Ten percent to a veteran who ((is not receiving any veterans retirement payments)) served during a period of war or in an armed conflict and does not receive military retirement. ((This preference shall be utilized until one of the examinations results in a veteran's first appointment and not in any promotional examination.)) The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(((b) Five percent to a veteran who is receiving any veterans retirement payments. This percentage shall be utilized until one of the examinations results in a veteran's first appointment and not in any promotional examination.))

(((c))) (b) Five percent to a veteran who((, after having previously received employment with the state, is called, or recalled, to active military service for one or more years during any period of war)) was called from state employment to active military service for one or more years. ((This preference shall be utilized on the first promotional examination only.)) The percentage shall be added to the first promotional examination only.

(((4))) (3) The ((above preference)) provisions in subsection (1) and (2) must be claimed within ((eight)) fifteen years of the date of release from active military service. This period may be extended by the director or designee for valid and extenuating reasons to include but not limited to:

(a) Documented medical reasons beyond control of the veteran;

(b) United States department of veterans' affairs documented disabled veteran; or

(c) Any veteran who has his or her employment terminated through no fault or action of his or her own and whose livelihood is adversely affected may seek employment consideration under this section.

(4) The term veteran as used in subsection (2) of this section shall include any person who has served in any branch of the armed forces of the United States during:

(a) World War II;

(b) The Korean Conflict;

(c) The Viet Nam Era, beginning August 5, 1964 and ending May 7, 1975;

(d) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(e) The following armed conflicts, if the participant was awarded the respective campaign badge or medal: the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor;

(f) The period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the congress; or

(g) Who has received the armed forces expeditionary medal, Marine Corps expeditionary medal, or Navy expeditionary medal, for opposed action on foreign soil.

(5) Further, only persons who received an honorable discharge or who received a discharge for physical reasons with an honorable record or who were released from active duty under honorable circumstances shall be eligible for this veterans preference.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-22-220, filed 9/10/98, effective 10/12/98; 96-11-060, 356-22-220, filed 5/10/96, effective 6/6/96; 84-14-006 (Order 207), 356-22-220, filed 6/22/84; Order 68, 356-22-220, filed 6/25/74; Order 36, 356-22-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-260.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 96-11-061, filed 5/10/96, effective 6/6/96)

WAC 251-17-150
Veterans ((preference)) scoring in examinations.

(1) Any veteran who claims eligibility, submits the qualifying DD214 form, has honorably served in any branch of the armed forces, and did not serve during a period of war or in an armed conflict or is receiving military retirement shall have five percent added to their final passing score. The percentage shall be added until the person's first appointment and shall not be utilized in promotional examinations.

(((1))) (2) Veterans who claim ((veterans preference)) eligibility, submit the qualifying DD214 form, and meet the criteria specified in subsection((s)) (((2) through)) (4) of this section shall have added to their final passing scores:

(a) Ten percent of the final passing score for a veteran who ((is not receiving any veteran's retirement payments)) served during a period of war or in an armed conflict and does not receive military retirement. ((This preference shall be utilized in open-competitive examinations until the veteran's first appointment and not in any promotional examination.)) The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(((b) Five percent of the final passing score for a veteran who is receiving any veteran's retirement payments. This preference shall be utilized in open-competitive examinations until the veteran's first appointment and not in any promotional examination.))

(((c))) (b) Five percent of the final passing score for a veteran who((, after having previously received employment with the state, is called, or recalled, to active military service for one or more years during any period of war)) was called from state employment to active military service for one or more years. ((This preference shall be limited to the first promotional examination following return from military service.)) The percentage shall be added to the first promotional examination only.

(((2))) (3) ((Veterans preference)) The provisions in subsection (1) and (2) of this section must be claimed within ((eight)) fifteen years of the date of release from active military service. This period may be extended by the personnel officer for valid and extenuating reasons to include but not be limited to:

(a) Documented medical reasons beyond control of the veteran;

(b) United States department of veterans' affairs documented disabled veteran; or

(c) Any veteran who has his or her employment terminated through no fault or action of his or her own and whose livelihood is adversely affected may seek employment consideration under this section.

(((3))) (4) The term "veteran" as used in ((these rules)) subsection (2) of this section shall include every person who has received an honorable discharge or received a discharge for physical reasons with an honorable record and:

(a) Has served in any branch of the armed forces of the United States between World War I and World War II or during any period of war; or

(b) Has served in any branch of the armed forces of the United States and received the armed forces expeditionary medal, or Marine Corps and Navy expeditionary medal, for opposed action on foreign soil.

(((4))) (5) A "period of war" includes:

(a) World War I;

(b) World War II;

(c) The Korean conflict;

(d) The Viet Nam era, beginning August 5, 1964 and ending on May 7, 1975;

(e) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(f) The following armed conflicts, if the participant was awarded the respective campaign badge or medal; the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor; and

(g) The period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the Congress.

[Statutory Authority: RCW 41.06.150. 96-11-061, 251-17-150, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), 251-17-150, filed 12/30/87, effective 2/1/88.]


AMENDATORY SECTION(Amending WSR 88-02-017 (Order 164), filed 12/30/87, effective 2/1/88)

WAC 251-01-175
Final examination score.

An applicant's final passing score on an examination, plus any veterans ((preference)) or other applicable credits added in accordance with WAC 251-17-150 and/or 251-18-180 (((10)(b))).

[Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), 251-01-175, filed 12/30/87, effective 2/1/88; 86-09-078 (Order 147), 251-01-175, filed 4/22/86.]

Washington State Code Reviser's Office