WSR 98-08-026
PERMANENT RULES
PERSONNEL RESOURCES BOARD
[Filed March 20, 1998, 10:00 a.m., effective May 1, 1998]
Date of Adoption: March 12, 1998
Purpose: This modification is to clarify the existing rule and to be in compliance with the federal Americans with Disabilities Act
Citation of Existing Rules Affected by this Order: Amending WAC 251-19-100
Statutory Authority for Adoption: RCW 41.06.150
Adopted under notice filed as WSR 97-22-061 on November 3, 1997
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.
Effective Date of Rule: May 1, 1998
March 17, 1998
Dennis Karras
Secretary
AMENDATORY SECTION (Amending WSR 96-19-078 [93-19-078], filed 9/14/93, effective 10/1/93)
WAC 251-19-100 Transfer--Lateral movement--Voluntary demotion. (1) The personnel officer for each institution shall develop a "transfer/lateral movement/voluntary demotion procedure" to provide reasonable opportunity for employees desiring to transfer within class or to voluntarily demote or move laterally to vacant positions in classes where they have previously attained permanent status at the institution, or equivalent classes as determined by the personnel officer, when:
(a) The action is by employee request; or
(b) The employee's position is being reallocated upward and
the employee is not appointed to the reallocated position((;
or)).
(((c) The personnel officer determines that the employee
seeking the action is no longer able to perform in the current
class due to a medically verified physical, mental, or sensory
disability. An employee is eligible to apply for appointment to
a position under the provisions of this subsection if the
employee meets the minimum qualifications and is able to perform
the work of the position as confirmed by medical verification
which provides adequate guidance to the employer.))
(2) Except as provided in subsection (((1))) (4) of this
section, permanent employees who wish to be considered for
appointment to classes in which they have not held permanent
status with an equal or lower salary range maximum than their
current class must apply. Such applications must be in accord
with institutional procedure, and employees must meet the minimum
qualifications, pass the examination and be placed on the
appropriate eligible list for the class.
(3) Former employees laid off from the institution, per WAC 251-10-030, who are on an institution-wide layoff list, also shall be included in the procedures developed per subsections (1)(a) and (2) of this section.
(4) In accordance with WAC 251-19-105, institutions shall provide for reasonable accommodation of employees. Employees who are no longer able to perform in the current position due to a medically verified disability may transfer, move laterally, or voluntarily demote to equivalent or lower positions for which they qualify. Such appointments shall not be subject to certification and referral provisions of WAC 251-18 in accordance with state and federal laws governing the reasonable accommodation of individuals with disabilities.
(((4))) (5) Upon appointment via the provisions of this
rule, the following shall apply:
(a) For voluntary demotion, the salary shall be determined by the personnel officer and the periodic increment date shall remain unchanged.
(b) For transfer within class or lateral movement, the salary and periodic increment date shall remain unchanged.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-19-100, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 89-13-075 (Order 180), § 251-19-100, filed 6/21/89, effective 8/1/89; 88-02-018 (Order 165), § 251-19-100, filed 12/30/87, effective 2/1/88.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.