Effective Date of Rule: June 15, 2010.

     Purpose: Effective December 15, 2009, WAC 357-19-070 was changed so that employers will have discretion of whether or not to count time served in a current probationary or trial service period towards the probationary or trial service period of a new position. We are now proposing a similar change be made to WAC 357-58-320. This change will give employers discretion of whether or not to count time served in a WMS review period towards the review period of a new WMS position.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-58-320.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 10-08-101 on April 7, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: May 13, 2010.

Eva N. Santos

Director

OTS-3049.2

AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

WAC 357-58-320   What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?   If a WMS employee is promoted to a different WMS position in the same agency during the review period((,)) the ((following applies:

     (1) Time served in the initial review period counts towards the review period of the new position if the employer determines the positions are closely related.

     (2) The review period starts over if the employer determines the positions are not closely related)) employer may count time served in the initial review period towards the review period of the new position.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, § 357-58-320, filed 5/27/05, effective 7/1/05.]

© Washington State Code Reviser's Office