WSR 05-09-113

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 20, 2005, 10:49 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-52-207 How does the board decide an appeal on exceptions? and 357-52-208 How does the board notify the parties whether the appeal on exceptions will be decided upon written or oral arguments?

     Hearing Location(s): Department of Personnel, Joan B. Darin Conference Room, 521 Capitol Way South, Olympia, WA, on May 24, 2005, at 10:00 a.m.

     Date of Intended Adoption: May 24, 2005.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by May 18, 2005.

     Assistance for Persons with Disabilities: Contact Department of Personnel by May 18, 2005, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new sections address how the board will decide an appeal on exceptions and how the board will notify the parties whether the appeal will be decided on written or oral argument.

     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.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding appeals to the Personnel Resources Board. This proposal implements this provision of the Personnel System Reform Act.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     A cost-benefit analysis is not required under RCW 34.05.328.

April 19, 2005

Eva N. Santos

Director


NEW SECTION
WAC 357-52-207   How does the board decide an appeal on exceptions?   The board reviews the record created by the director's designee or hearing officer. At the board's discretion, the appeal is decided based upon:

     (1) The record and the written arguments on the exceptions, or

     (2) The record and oral arguments on the exceptions.

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NEW SECTION
WAC 357-52-208   How does the board notify the parties whether the appeal on exceptions will be decided upon written or oral arguments?   (1) The board provides thirty (30) calendar days' written notice to the parties of:

     (a) The timeline for submitting written arguments; or

     (b) The date of the hearing.

     (2) The parties may agree to less than thirty (30) calendar days' notice.

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