WSR 05-24-132

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 7, 2005, 11:24 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-52-015 By when must an appeal be filed and received in order to be considered timely? and 357-52-020 What information must be submitted with an appeal?

     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: The modification to WAC 357-52-015 is necessary to recognize the effective date of layoff when considering when an appeal must be filed to be considered timely. The modification to WAC 357-52-020 is necessary so that when an appeal is filed, the person filing the appeal must include the effective date of the layoff with the filing.

     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 modification to WAC 357-52-015 is necessary to recognize the effective date of layoff in subsection (1) of this rule. The modification to WAC 357-52-020 is necessary so that a person filing an appeal, by rule, must include the effective date of the layoff.

     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

Director


AMENDATORY SECTION(Amending WSR 05-01-190, filed 12/21/04, effective 7/1/05)

WAC 357-52-015   By when must an appeal be filed and received in order to be considered timely?   In order to be considered timely, an appeal must be received in writing at the office of the board within thirty calendar days after:

     (1) The effective date of the disciplinary action, layoff, or separation,

     (2) Service of the director's determination unless the rules specifically state that the director's determination is final, or

     (3) The effective date of the exemption of a position or the notice of exemption, whichever is later.

[Statutory Authority: Chapter 41.06 RCW. 05-01-190, § 357-52-015, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-190, filed 12/21/04, effective 7/1/05)

WAC 357-52-020   What information must be submitted with the appeal?   (1) The appeal must include:

     (a) The name and address of the appellant and if represented the name, address and telephone number of the representative,

     (b) The name of the employer and the department that took the action which is being appealed,

     (c) A telephone number at which the appellant can be reached,

     (d) The job classification or position of the employee at the time of the action which is being appealed,

     (e) A short statement of the grounds or reasons for the appeal, and if applicable, the rule(s) the appellant believes has been violated,

     (f) A short statement of the relief or remedy sought by the appellant, and

     (g) A short statement of whether the appellant believes the case would or would not be appropriate for mediation.

     (2) An appeal of a disciplinary action, separation, layoff, or exemption must also include the effective date of the action and the employee's appointment status at the time of the action. The appeal must include a short statement of the nature of the action being appealed or a copy of the action letter from the employer.

     (3) An appeal on exception to a director's determination must also detail the specific items of the director's determination to which exception is taken and should include a copy of the director's determination.

[Statutory Authority: Chapter 41.06 RCW. 05-01-190, § 357-52-020, filed 12/21/04, effective 7/1/05.]