WSR 06-12-100



[ Filed June 7, 2006, 8:21 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-58-042 What happens when it has been determined that a position no longer meets the definition of manager found in WAC 357-58-035?

Hearing Location(s): Department of Personnel, Hearings Room, 2828 Capitol Boulevard, Olympia, WA 98504, on July 13, 2006, at 8:30 a.m.

Date of Intended Adoption: July 13, 2006.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 7, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by July 7, 2006, 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 this rule is to describe what happens when a Washington management service (WMS) position no longer meets the definition of manager.

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: This rule addresses what rules will apply when a WMS position is being reallocated to WGS.

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; 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 6, 2006

Eva N. Santos


WAC 357-58-042   What happens when it has been determined that a position no longer meets the definition of manager found in WAC 357-58-035?   When an agency has determined that the duties of a position no longer meet the definition of manager, found in WAC 357-38-035, and is no longer appropriate in WMS, then provisions of WAC 357-58 no longer apply. The WGS rules on reallocation (WAC 357-13) will apply. The employee will retain existing status.


Washington State Code Reviser's Office