Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-19-070 What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?

     Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on November 12, 2009, at 8:30 a.m.

     Date of Intended Adoption: November 12, 2009.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by November 5, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by November 5, 2009, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendment will give employers discretion of whether or not to count time served in a current probationary or trial service period toward the probationary or trial service period of a new position.

     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.

     Name of Proponent:

     Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, (360) 664-6408; Implementation and Enforcement: Department of personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

     A cost-benefit analysis is not required under RCW 34.05.328.

October 6, 2009

Eva N. Santos

Director

OTS-2719.1

AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-070   What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?   If an employee accepts an appointment to another permanent position with the same employer while serving a probationary or trial service period, the following applies:

     (1) ((Time served in the initial probationary or trial service period counts towards the probationary or trial service period of the new position)) If the employer determines the positions or classes to which the positions are allocated are closely related the employer may count time served in the initial probationary or trial service towards the probationary or trial service period of the new position; or

     (2) ((The probationary or trial service period starts over)) If the employer determines the positions or classes to which the positions are allocated are not closely related the probationary or trial service period of the new position starts over.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-070, filed 12/21/04, effective 7/1/05.]

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