Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-46-215 How is an employee who is being separated for unauthorized absence notified?, 357-46-220 How can an employee separated for unauthorized absence petition for reinstatement?, 357-46-222 Must the employer respond to an employee's petition for reinstatement within a specific time frame?, and 357-46-225 Can a permanent employee appeal if the employer does not reinstate the employee under WAC 357-46-220?
Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on September 8, 2005, at 10:00 a.m.
Date of Intended Adoption: September 8, 2005.
Submit Written Comments to: Sandi Stewart, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by September 1, 2005.
Assistance for Persons with Disabilities: Contact Department of Personnel by September 1, 2005, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to:
• Modify WAC 357-46-215 to require that the employer inform a permanent employee of his/her right to petition for reinstatement and subsequent right to appeal in the notice of separation.
• Modify WAC 357-46-220 to add "permanent" to the title of the rule.
• Create a new rule (WAC 357-46-222) to specify the requirement that the employer respond to an employee's petition within seven calendar days of receipt of the petition.
• Modify WAC 357-46-225 to clarify that any appeal of the separation must be received within thirty calendar days of the effective date of the separation and the thirty calendar days is not lengthened by an employee petitioning for reinstatement.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.133, 41.06.150, and 41.06.170.
Rule is not necessitated by federal law, federal or state court decision.
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.
August 1, 2005
Eva N. Santos
[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-215, filed 9/1/04, effective 7/1/05.]
[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-220, filed 9/1/04, effective 7/1/05.]
[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-225, filed 9/1/04, effective 7/1/05.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.