WSR 06-03-069

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed January 12, 2006, 1:56 p.m. , effective February 13, 2006 ]


     Effective Date of Rule: February 13, 2006.

     Purpose: The purpose of this rule is to explain who has the burden of proof at an appeal hearing before the Washington personnel resources board.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-52-110.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 05-24-134 on December 7, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: January 12, 2006.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-191, filed 12/21/04, effective 7/1/05)

WAC 357-52-110   Who has the burden of proof at hearings?   ((At any hearing on appeal from a dismissal, suspension, demotion, reduction in base salary, or separation, the employer has the burden of supporting the charges upon which the action was initiated. At any other hearing, the party filing the appeal has the burden of proof.))

     (1) At any hearing on appeal of a:

     (a) Dismissal, suspension, demotion, or reduction in base salary, the employer has the burden of supporting the charges upon which the action was initiated; or

     (b) Layoff or separation, the employer has the burden of supporting both the basis for the action taken and compliance with the civil service law(s) or rule(s) governing the action.

     (2) At any other hearing, the party filing the appeal has the burden of proof.

[Statutory Authority: Chapter 41.06 RCW. 05-01-191, § 357-52-110, filed 12/21/04, effective 7/1/05.]