WSR 04-13-183PROPOSED RULES
DEPARTMENT OF PERSONNEL
[
Filed June 23, 2004,
11:34 a.m.
] Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: New
sections WAC 357-16-005 What is the department's role in
recruiting applicants and assessing candidates for positions
in the classified service?, 357-16-010 What authority do
general government employers have to recruit applicants,
assess candidates, and certify candidates for hiring
consideration?, 357-16-015 What authority do higher education
employers have to recruit applicants, assess candidates, and
certify candidates for hiring consideration?, 357-16-020 Who
is responsible for determining what recruitment methods are
appropriate to meet the hiring needs of the employer?,
357-16-025 How must employers and the department inform
prospective applicants of recruitments?, 357-16-030 For
affirmative action purposes, may the department or employers
add job seekers who are affected group members to applicant
pools?, 357-16-040 What is the college recruitment program?,
357-16-045 What is the purpose of the college recruitment
program?, 357-16-050 How does the college recruitment program
operate?, 357-16-055 Can an employer establish promotional
organizational units?, 357-16-060 Who determines the
application process, including what information job seekers
must provide to apply for employment?, 357-16-065 What
verifies that an application is complete and that the
information in the application is truthful?, 357-16-070 What
screening methodologies may employers use?, 357-16-075 Can the
employer apply screening methodologies that would limit the
number of eligible applicants considered and the number of
candidates admitted to a competitive exam?, 357-16-085 What
are the requirements for developing and administering exams?,
357-16-090 Who has the responsibility for requesting and
granting reasonable accommodation in the exam process?,
357-16-095 How must exams be scored?, 357-16-100 How soon must
employers notify applicants of their exam results?, 357-16-105
May an employee be granted release time to take an exam or
otherwise participate in an assessment process (which may
include assessment tools such as phone screens, interviews,
performance tests, etc)?, 357-16-110 Do veterans receive any
preference in the hiring process?, 357-16-115 Can an employer
decline to further consider eligible applicants or candidates
during the assessment process?, 357-16-120 How does the
employer determine which eligible candidates to certify to the
employing official for hiring consideration?, 357-16-125 What
must be specified in the employer's certification procedure?,
357-16-130 In what order are eligible candidates certified to
the employing official for hiring consideration?, 357-16-135
When may an employer certify candidates for affirmative action
purposes?, 357-16-140 Who may be certified using supplemental
certification?, 357-16-150 Must employers develop a
promotional policy?, 357-16-155 Can an eligible's name be
removed from an applicant or candidate pool for a class or all
classes in an occupational category/class series?, 357-16-160
How must an employer notify an applicant or candidate who has
been removed from an applicant or candidate pool?, 357-16-170
Can an applicant or candidate request a review of his/her exam
results or the removal of his/her name from an applicant or
candidate pool?, 357-16-175 To whom and by when must an
applicant or candidate request a review of the results of an
exam or removal from an applicant or candidate pool?,
357-16-180 Are assessment review decisions subject to appeal?,
357-16-190 What happens if an individual is certified in
error?, 357-16-195 Can an eligible candidate be required to
pass a medical or psychological examination?, 357-16-200 If a
medical or psychological examination is required, who pays for
it?, and 357-16-205 If a job-related disability is revealed
during a medical or psychological examination what is the
employer's responsibility?
Hearing Location(s): Department of Personnel, 521
Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00
a.m.
Date of Intended Adoption: July 29, 2004.
Submit Written Comments to: Sharon Whitehead, Department
of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON
SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23,
2004.
Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107
or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules
address recruitment, assessment and certification for state
positions.
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: Due to the passage of SHB 1268 the director of the
Department of Personnel has rule-making authority regarding
recruitment, assessment and certification for state positions.
The proposed rules implement this provision of the Personnel
System Reform Act.
Name of Proponent: Department of Personnel, governmental.
Name of Agency Personnel Responsible for Drafting:
Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360)
664-6348; 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.
June 23, 2004
E. C. Matt
Director
NEW SECTION
WAC 357-16-005
What is the department's role in
recruiting applicants and assessing candidates for positions
in the classified service?
On the behalf of employers, the
department may recruit applicants, assess candidates, create
candidate pools, and assist with the certification of
candidates for positions in the classified service.
[]
NEW SECTION
WAC 357-16-010
What authority do general government
employers have to recruit applicants, assess candidates, and
certify candidates for hiring consideration?
Under the
authority of the director, general government employers may
carry out the activities detailed in chapter 357-16 WAC
including recruiting, creating and maintaining pools of
eligible candidates, assessing candidates, and determining the
certified pool. At anytime, the director may designate the
department to carry out any of these activities on the
employer's behalf.
[]
NEW SECTION
WAC 357-16-015
What authority do higher education
employers have to recruit applicants, assess candidates, and
certify candidates for hiring consideration?
Higher education
employers are authorized under RCW 41.06.133 and RCW 41.06.150
to carry out the activities detailed in chapter 357-16 WAC
including recruiting, creating and maintaining pools of
eligible candidates, assessing candidates, and determining the
certified pool. Upon the request of a higher education
employer, the director may designate the department to act on
the employer's behalf.
[]
NEW SECTION
WAC 357-16-020
Who is responsible for determining what
recruitment methods are appropriate to meet the hiring needs
of the employer?
The department and employers may use the
recruiting methods that they determine to be most appropriate
for their hiring needs when establishing pools of eligible
applicants.
[]
NEW SECTION
WAC 357-16-025
How must employers and the department
inform prospective applicants of recruitments?
Notice of
recruitment must be issued publicly. The notice must specify
the period of recruitment and include information about the
length of time eligible applicants will be retained in a pool.
[]
NEW SECTION
WAC 357-16-030
For affirmative action purposes, may the
department or employers add job seekers who are affected group
members to applicant pools?
For affirmative action purposes,
the department or employers may at any time recruit and screen
persons with disabilities, Vietnam era veterans, disabled
veterans, and persons age 40 and over for placement in
eligible applicant pools in those areas where goals exist.
[]
NEW SECTION
WAC 357-16-040
What is the college recruitment program?
The college recruitment program is a method of recruiting that
employers can use to target recruitment activity to college
graduates.
[]
NEW SECTION
WAC 357-16-045
What is the purpose of the college
recruitment program?
The purpose of the college recruitment
program is to: (1) Recognize and support the present and future value of
bachelor's and master's entry professional positions in state
government;
(2) Provide an efficient method for all college graduates
to apply for state employment;
(3) Enhance affirmative action and workforce diversity
programs; and
(4) Ensure that employers maintain a competitive posture
in the recruitment market.
[]
NEW SECTION
WAC 357-16-050
How does the college recruitment program
operate?
Employers using the college recruitment program may
limit their outreach efforts to recent college graduates and
require that job seekers have completed specific internships,
work-study assignments, fellowships, or received degrees from
accredited higher education institutions in order to be
eligible to apply.
[]
NEW SECTION
WAC 357-16-055
Can an employer establish promotional
organizational units?
Employers may establish promotional
organizational units for purposes of promotional recruitment
and hiring. Employers may limit who can apply to employees
within one or more promotional organizational units by
specifying that on the recruitment notice.
[]
NEW SECTION
WAC 357-16-060
Who determines the application process,
including what information job seekers must provide to apply
for employment?
The department or employer determines the
application process including what information a job seeker
must submit to apply for employment.
[]
NEW SECTION
WAC 357-16-065
What verifies that an application is
complete and that the information in the application is
truthful?
If the materials are submitted on paper, the job
seeker's signature certifies that the information submitted is
complete and truthful. If the materials are submitted
electronically, the act of submitting them is considered
certification that the information is complete and truthful.
[]
NEW SECTION
WAC 357-16-070
What screening methodologies may
employers use?
Employers may use screening methods based on
job analysis that they determine best evaluate a person's
competencies to perform the duties and responsibilities of a
class and/or a position. Screening methods may include but
are not limited to reviewing resumes, interviewing applicants,
and developing supplemental questionnaires for applicants to
provide additional information.
[]
NEW SECTION
WAC 357-16-075
Can the employer apply screening
methodologies that would limit the number of eligible
applicants considered or admitted to an exam?
When the number
of job seekers is expected to result in a number of eligible
applicants that exceeds the employer's needs or the number of
eligible applicants is expected to result in a pool of
candidates that exceeds the employer's needs, the employer may
apply screening methods to limit the number of eligible
applicants to be considered further or admitted to an exam.
[]
NEW SECTION
WAC 357-16-085
What are the requirements for developing
and administering exams?
Exams must be based upon documented
job analysis that identifies the competencies needed to
perform successfully in a position. Any exam must be
administered uniformly to those individuals being examined
unless reasonable accommodation in the exam process has been
requested and granted. A person with a visible disability
which might interfere with his/her ability to do the job may
be asked to demonstrate how he/she would do specific, job
related tasks.
[]
NEW SECTION
WAC 357-16-090
Who has the responsibility for requesting
and granting reasonable accommodation in the exam process?
An
applicant or candidate who needs reasonable accommodation in
the exam process is responsible for requesting reasonable
accommodation. The employer is responsible for providing
reasonable accommodation unless the employer can demonstrate
undue hardship. The employer must publish information
regarding the procedure for requesting accommodation.
[]
NEW SECTION
WAC 357-16-095
How must exams be scored?
Exams must be
scored using a consistent rating or scoring procedure that
rates job-related competencies identified through job
analysis.
[]
NEW SECTION
WAC 357-16-100
How soon must employers notify applicants
of their exam results?
Employers must notify applicants in
writing of their final exam results within a reasonable time
period as determined by the employer. For purposes of this
rule, written notice may be provided using alternative methods
such as e-mail, campus mail, the state mail service, or
commercial parcel delivery in accordance with WAC 357-04-105.
[]
NEW SECTION
WAC 357-16-105
May an employee be granted release time
to take an exam or otherwise participate in an assessment
process (which may include assessment tools such as phone
screens, interviews, performance tests, etc)?
Employers may
release employees, without a loss in pay, to take an exam or
otherwise participate in an assessment process with a state
agency, higher education institution or related board.
[]
NEW SECTION
WAC 357-16-110
Do veterans receive any preference in the
hiring process?
(1) If an employer is administering an exam
prior to certification, the employer must grant preference to
veterans in accordance with the veterans scoring criteria
provisions of RCW 41.04.010. (2) If no exam is administered prior to certification,
the employer must refer eligible veterans or eligible
veterans' widows or widowers to the employing official under
the provisions of RCW 73.16.010 as long as the veteran or
veteran's widow or widower meets the competencies and other
position requirements.
[]
NEW SECTION
WAC 357-16-115
Can an employer decline to further
consider eligible applicants or candidates during the
assessment process?
Employers may end consideration of an
eligible applicant or candidate at any time during the
assessment process for job-related reasons including but not
limited to a applicant's or candidate's lacking required
competencies, or not satisfying other requirements such as
shift or geographical availability. Those applicants or
candidates removed from consideration for position specific
reasons may remain eligible to be considered for other
positions.
[]
NEW SECTION
WAC 357-16-120
How does the employer determine which
eligible candidates to certify to the employing official for
hiring consideration?
Each employer must have a written
certification procedure that specifies how the employer will
determine the pool of eligible candidates to be certified to
the employing official.
[]
NEW SECTION
WAC 357-16-125
What must be specified in the employer's
certification procedure?
The employer's certification
procedure must: (1) Specify how the employer determines the pool of
eligible candidates to be certified to the employing official
in accordance with WAC 357-16-130;
(2) Specify how the employer determines the number of
names certified if the number of eligible candidates certified
to the employing official is limited;
(3) Provide for veterans' preference in accordance with
WAC 357-16-110;
(4) Provide for supplemental certification of affected
group members in accordance with WAC 357-16-135;
(5) Require that employing officials consider all
eligible candidates certified;
(6) Provide for optional consideration of employees who
have completed employer-approved training programs and are
determined by the employer to meet the competencies and other
position requirements;
(7) For general government employers, must provide for
consideration of transition pool candidates when a certified
pool contains eligible candidates other than candidates from
the employer's internal or statewide layoff list or the
employer's internal promotional eligibles; and
(8) Address when the employer will certify qualified
individuals seeking reemployment under the provisions of WAC 357-19-470.
[]
NEW SECTION
WAC 357-16-130
In what order are eligible candidates
certified to the employing official for hiring consideration?
Only eligible candidates who satisfy the competencies and
other requirements of the position to be filled will be
certified. The order for certifying must follow these
criteria: (1) If there are names on the employer's internal layoff
list for the class, all eligible candidates on the internal
layoff list are certified to the employing official. Internal
promotional candidates, as defined by the employer's
promotional policy, may also be certified.
(2) If there are no names on the employer's internal
layoff list and there are names on the statewide layoff list
for the class, all eligible candidates on the statewide layoff
list must be certified to the employing official. Internal
promotional candidates, as defined by the employer's
promotional policy, may also be certified. If the
certification of candidates from the statewide layoff list and
internal promotional candidates does not result in at least
ten (10) eligible candidates being certified, the employer may
certify other eligible candidates. If a general government
employer certifies other eligible candidates, all transition
pool candidates who satisfy the competencies and other
position requirements must be certified.
(3) If there are no names on the internal or statewide
layoff list, the employer may then certify other available
eligible candidates. For general government employers, all
transition pool candidates who satisfy the competencies and
other position requirements must be certified. Any preference
granted to promotional candidates must be in accordance with
the employer's promotional policies as required by WAC 357-16-140.
[]
NEW SECTION
WAC 357-16-135
When may an employer certify candidates
for affirmative action purposes?
An employer may use
supplemental certification to add to the certified pool when: (1) Per the employer's certification procedure, the
number of eligible candidates being certified is fewer than
the total number of candidates eligible for certification;
(2) The employer's approved affirmative action plan shows
that a goal exists in the job category for the particular
affected group; and
(3) There are no individuals on the internal layoff list
or statewide layoff list for the class who satisfy the
competencies and other position requirements for the position.
[]
NEW SECTION
WAC 357-16-140
Who may be certified using supplemental
certification?
Supplemental certification may apply to
eligible goal area candidates who meet the competencies and
other position requirements and are members of the affected
groups of persons with disabilities, Vietnam Era veterans,
disabled veterans, or persons of age forty and over.
[]
NEW SECTION
WAC 357-16-150
Must employers develop a promotional
policy?
Each employer must have a written promotional policy
which: (1) Defines who is considered a promotional candidate,
including whether probationary employees and permanent
employees who have left the employer to accept project or
nonpermanent appointments with other employers are considered
as promotional candidates;
(2) Identifies the employer's promotional organizational
units, if any;
(3) Identifies how promotional preference will be applied
in recruitment and certification, if at all; and
(4) Specifies the duration of any promotional candidate
lists or pools.
[]
NEW SECTION
WAC 357-16-155
Can an eligible's name be removed from an
applicant or candidate pool for a class or all classes in an
occupational category/class series?
An employer or the
department may disqualify an individual by removing the
individual's name from an applicant and/or candidate pool for
a class or all classes in an occupational category/class
series at anytime for good and sufficient reason.
[]
NEW SECTION
WAC 357-16-160
How must an employer notify an applicant
or candidate who has been removed from an applicant or
candidate pool?
An employer must notify an applicant or
candidate who has been removed from an applicant or candidate
pool at the time of the removal. The notice must be in
writing and specify the reason for the removal. The notice
must explain the right to request a review of the removal
under the provisions of WAC 357-16-170, WAC 357-16-175 and WAC 357-16-180. For purposes of this rule, written notice may be
provided using alternative methods such as e-mail, campus
mail, the state mail service, or commercial parcel delivery in
accordance with WAC 357-04-105.
[]
NEW SECTION
WAC 357-16-170
Can an applicant or candidate request a
review of his/her exam results or the removal of his/her name
from an applicant or candidate pool?
An applicant or
candidate may request a review of his/her exam results or the
removal of his/her name from an applicant or candidate pool.
[]
NEW SECTION
WAC 357-16-175
To whom and by when must an applicant or
candidate request a review of the results of an exam or
removal from an applicant or candidate pool?
If the employer
is responsible for the assessment process, requests for
reviews under the provisions of WAC 357-16-170 must be made to
the employer. If the director is responsible for the
assessment process, requests for reviews under the provisions
of WAC 357-16-170 must be made to the department. The request for a review must be received at the
employer's office or the department's office within twenty
calendar days following notice of the action for which a
review is requested.
[]
NEW SECTION
WAC 357-16-180
Are assessment review decisions subject
to appeal?
Review decisions made under the provisions of WAC 357-16-170 are final and not subject to further review or
appeal.
[]
NEW SECTION
WAC 357-16-190
What happens if an individual is
certified in error?
The director or the employer may
invalidate the trial service or probationary appointment of an
individual who was not eligible to be certified, but was
certified in error.
[]
NEW SECTION
WAC 357-16-195
Can an eligible candidate be required to
pass a medical or psychological examination?
After a
conditional offer of employment is made, an eligible candidate
may be required to pass a medical examination relevant to the
demands of the work.
[]
NEW SECTION
WAC 357-16-200
If a medical or psychological examination
is required, who pays for it?
The employer is responsible for
the cost of any medical or psychological examination required
under WAC 357-16-195.
[]
NEW SECTION
WAC 357-16-205
If a job-related disability is revealed
during a medical or psychological examination what is the
employer's responsibility?
If a medical or psychological
examination reveals a job-related disability and the candidate
is otherwise qualified, the employer must consider ways to
provide reasonable accommodation for the disability before
making an appointment decision.
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