WSR 05-18-075



[ Filed September 7, 2005, 9:31 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-16-105 May an employee be granted release time to take an examination or participate in an assessment process (which may include assessment tools such as phone screens, interviews, performance tests, etc.)?

Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on October 13, 2005, at 10:00 a.m.

Date of Intended Adoption: October 13, 2005.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by October 7, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by October 7, 2005, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modifications to WAC 357-16-105, will make the rule consistent with WAC 357-31-325, which requires employers to grant leave with pay to employees when they are scheduled to take an examination or participate in an interview with a state agency during work hours.

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: 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.

September 6, 2005

Eva N. Santos


AMENDATORY SECTION(Amending WSR 05-01-200, filed 12/21/04, effective 7/1/05)

WAC 357-16-105   ((May)) Must an employee be granted ((release time)) leave with pay to take an examination or ((otherwise)) participate in an ((assessment process (which may include assessment tools such as phone screens,)) interview((s, performance tests, etc.))) during scheduled work hours?   ((Employers may release employees, without a loss in pay, to take an examination or otherwise participate in an assessment process)) In accordance with WAC 357-31-325, an employee must be granted leave with pay to take an examination or participate in an interview during scheduled work hours when applying or being considered for a position with a state agency, higher education institution or related higher education board.

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, 357-16-105, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office