Original Notice.

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

Title of Rule: WAC 251-19-180 Relocation compensation and 356-14-300 Relocation compensation.

Purpose: These new rules pertain to relocation compensation for general government and higher education institutions.

Statutory Authority for Adoption: RCW 41.06.

Statute Being Implemented: RCW 41.06.150.

Summary: These new rules are proposed as a result of the passing of SHB 1282 regarding relocation compensation.

Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These new rules pertain to lump sum relocation compensation for a person making a domiciliary move in accepting a transfer or appointment. These rules are proposed as a result of the passing of SHB 1282. These rules are necessary to successfully recruit or retain qualified candidates or employees who will have to make a domiciliary move in order to accept a position. If a person receiving relocation compensation terminates or causes termination with the state within one year of the date of appointment or transfer, the agency or higher education institution is entitled to reimbursement from the employee who received the compensation.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under RCW 19.85. Not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on September 9, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by September 2, 1999, TDD (360) 753-4107, or (360) 586-0509.

Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by September 7, 1999.

Date of Intended Adoption: September 9, 1999.

July 29, 1999

Dennis Karras

Secretary

(1) An institution of higher education's president may authorize lump sum relocation compensation, within existing resources, whenever

(a) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or

(b) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.

(2) If the person receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, the higher education institution is entitled to reimbursement of the lump sum compensation from the person. Termination as a result of layoff, disability separation, or other good cause as determined by the higher education institution's president will not require the person to repay the relocation compensation.

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(1) An agency director may authorize lump sum relocation compensation, within existing resources, whenever

(a) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or

(b) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.

(2) If the person receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, the state is entitled to reimbursement of the lump sum compensation from the person. Termination as a result of layoff, disability separation, or other good cause as determined by the agency director will not require the person to repay the relocation compensation.

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