WSR 05-12-127



[ Filed June 1, 2005, 10:07 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-16-135 When may an employer certify candidates for affirmative action purposes?

Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on July 14, 2005, at 10:00 a.m.

Date of Intended Adoption: July 14, 2005.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 8, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by July 8, 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 change removes the reference to the "statewide layoff list" from subsection (3) of this rule.

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 certification of names to fill state vacancies. The proposed modification 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.

May 31, 2005

Eva N. Santos


AMENDATORY SECTION(Amending WSR 05-01-200, filed 12/21/04, effective 7/1/05)

WAC 357-16-135   When may an employer certify candidates for affirmative action purposes?   An employer may use supplemental certification to add to the certified pool when:

(1) Per the employer's certification procedure, the number of eligible candidates being certified is fewer than the total number of candidates eligible for certification;

(2) The employer's approved affirmative action plan shows that a goal exists in the job category for the particular affected group; and

(3) There are no individuals on the internal layoff list ((or statewide layoff)) list for the class who satisfy the competencies and other position requirements for the position.

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, 357-16-135, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office