WSR 05-24-135



[ Filed December 7, 2005, 11:26 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-58-438 What is the impact of a layoff?

     Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on January 12, 2006, at 10:00 a.m.

     Date of Intended Adoption: January 12, 2006.

     Submit Written Comments to: Sandi Stewart, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 6, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact Department of Personnel by January 6, 2006, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new rule will establish a rule within the Washington management service chapter to define the impact of layoff.

     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: The establishment of this rule is necessary to clarify that a WMS employee has the right to appeal a layoff action even if the layoff doesn't result in the employee being separate[d] from state service.

     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.

December 6, 2005

M. P. Sellars

for Eva N. Santos


WAC 357-58-438   What is the impact of a layoff?   Layoff is an employer-initiated action taken in accordance with WAC 357-58-445 that results in:

     (1) Separation from service with an employer;

     (2) Employment in a WMS position with a lower salary standard or evaluation points or a WGS position with a lower salary range maximum;

     (3) Reduction in the work year; or

     (4) Reduction in the number of work hours.