WSR 05-18-079



[ Filed September 7, 2005, 9:34 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-005 What legal holidays are designated by statute?

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 change in the title of this rule clarifies that the holidays listed are for the purposes of chapter 357-31 WAC.

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: RCW 1.16.150 lists Sunday as a legal holiday. Sunday is not recognized as a paid holiday under the civil service rules. Therefore, we changed the question in the title of this rule to clarify that the holidays listed in WAC 357-31-005 are for the purposes of chapter 357-31 WAC.

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 05-08-136, filed 4/6/05, effective 7/1/05)

WAC 357-31-005   ((What legal holidays are designated by statute)) For the purposes of chapter 357-31 WAC, what are the legal holidays?   The following are legal holidays, which are established by RCW 1.16.050:

(1) The first day of January (New Year's Day);

(2) The third Monday of January (Martin Luther King, Jr.'s birthday);

(3) The third Monday of February (Presidents' Day);

(4) The last Monday of May (Memorial Day);

(5) The fourth day of July (Independence Day);

(6) The first Monday in September (Labor Day);

(7) The eleventh day of November (Veterans Day);

(8) The fourth Thursday of November (Thanksgiving Day);

(9) The day immediately following Thanksgiving Day; and

(10) The twenty-fifth day of December (Christmas Day).

Higher education employers may designate other days to be observed in place of the above holidays. Holiday schedules for higher education employers may be determined on a calendar or fiscal year basis. When a higher education employer establishes a modified schedule, paid holidays must be granted based on the modified schedule.

[Statutory Authority: Chapter 41.06 RCW. 05-08-136, 357-31-005, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office