WSR 07-20-091



[ Filed October 2, 2007, 10:14 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-16-025 How must employers and the department inform prospective applicants of recruitments?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on November 8, 2007, at 8:30 a.m.

Date of Intended Adoption: November 8, 2007.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail, fax (360) 586-4694 by November 1, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by November 1, 2007, 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 amendment is to clarify the language in WAC 357-16-025. The current language gives the impression that job seekers do not have to apply for specific positions. To be an applicant a job seeker must express interest in the job. The proposed modification repeals the language that causes this confusion and provides individual employers the ability to determine how recruitments will be announced.

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: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; 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.

October 1, 2007

Eva N. Santos


AMENDATORY SECTION(Amending WSR 06-19-065, filed 9/19/06, effective 10/20/06)

WAC 357-16-025   How must employers and the department inform prospective applicants of recruitments?   ((Employers and the department may recruit without notice by searching for job seekers who have registered in the talent pool maintained by the department. If the department or employer does not recruit job seekers from the central talent pool, notice of recruitment must be issued publicly. The notice must specify the period of recruitment.)) Employers shall determine the appropriate method to solicit job seekers, which may include but not be limited to, public announcements; searching the state central talent pool; or, using an employer maintained talent pool. Recruitment announcements shall inform prospective job seekers how to apply for, or express interest in, positions which may come open for recruitment.

[Statutory Authority: Chapter 41.06 RCW. 06-19-065, 357-16-025, filed 9/19/06, effective 10/20/06; 05-01-200, 357-16-025, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office