Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-46-170 What is the notice requirement before separating an employee due to disability under the provisions of WAC 357-46-160? and 357-46-200 What is the notice requirement before separating an employee for nondisciplinary reasons under the provisions of WAC 357-46-195?

     Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on September 8, 2005, at 10:00 a.m.

     Date of Intended Adoption: September 8, 2005.

     Submit Written Comments to: Sandi Stewart, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by September 1, 2005.

     Assistance for Persons with Disabilities: Contact Department of Personnel by September 1, 2005, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to:

•     Modify WAC 357-46-170 to require seven calendar days notice of disability separation.

•     Modify WAC 357-46-200 to clarify that the rule does not apply to a separation due to disability.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.133, 41.06.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sandi Stewart, 521 Capitol Way South, Olympia, WA, (360) 664-6324; 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.

August 1, 2005

Eva N. Santos

Director

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-170, filed 9/1/04, effective 7/1/05.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)

WAC 357-46-200   What is the notice requirement before separating an employee for nondisciplinary reasons under the provisions of WAC 357-46-195?   (1) Before separating an employee from employment under the provisions of WAC 357-46-195, the employer must provide at least fifteen calendar days' written notice to the employee and state the reason for separation. If, within the notice period, the employee satisfactorily demonstrates why the separation should not occur, the appointing authority may rescind the separation notice.

     (2) The employer should consider reassignment during the notice period if continued employment in the position represents a liability.

     (3) This section does not apply to separations due to disability. WAC 357-46-170 specifies the notice requirement when separating an employee due to disability.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-200, filed 9/1/04, effective 7/1/05.]

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