WSR 01-08-063

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed April 3, 2001, 11:34 a.m. ]

Original Notice.

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

Title of Rule: WAC 251-01-415 Temporary appointment and 251-12-600 Remedial action.

Purpose: The purpose of these rules is to define temporary appointment and provide conditions that constitute remedial action.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These are housekeeping changes that reflect the appropriate subsections.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; 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 rules define temporary appointment and provide conditions that constitute remedial action. Housekeeping changes made several years ago changed the numbering of subsections. Changes to these rules were inadvertently omitted.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. 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 May 8, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 1, 2001, TDD (360) 753-4107, or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by May 4, 2001.

Date of Intended Adoption: May 8, 2001.

April 2, 2001

Eugene Matt

Secretary


AMENDATORY SECTION(Amending WSR 90-01-007, filed 12/7/89, effective 1/7/90)

WAC 251-01-415   Temporary appointment.   (1) Work performed in the absence of an employee on leave for more than six consecutive months in accordance with WAC 251-19-120(2); or

(2) Performance of work which does not exceed one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, in accordance with WAC 251-04-040(((5))) (6); or

(3) Formal assignment of the duties and responsibilities of a higher level class for a period of less than six consecutive months.

[Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, 251-01-415, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), 251-01-415, filed 6/21/89, effective 10/1/89; 88-02-017 (Order 164), 251-01-415, filed 12/30/87, effective 2/1/88; 86-09-078 (Order 147), 251-01-415, filed 4/22/86.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-12-600   Remedial action.   (1) The director may take remedial action when it is determined that the following conditions exist.

(a) The hiring institution has made an appointment that does not comply with higher education personnel rules.

(b) The employee has worked in one or more positions for more than one thousand fifty hours in any twelve consecutive month period since the original hire date or October 1, 1989, whichever is later. (These hours do not include overtime or work time as described in WAC 251-04-040(((2))) (3).)

(c) The position or positions are subject to civil service.

(d) The employee has not taken part in any willful failure to comply with these rules.

(2) Remedial action includes the power to confer permanent status, set salary, establish seniority, and determine benefits accrued from the seniority date. Remedial action also includes other actions the director may require to meet the highest personnel standards.

(3) If the institution has complied with WAC 251-19-122, the employee must:

(a) Submit any request for remedial action in writing; and

(b) File the request within thirty calendar days after the effective date of the alleged violation of the conditions of employment which are to be specified in the written notification of temporary appointment.

(4) The director's order for remedial action shall be final and binding unless exceptions are filed with the personnel appeals board within thirty calendar days of the date of service of the order. Exceptions must state the specific items of the order to which exception is taken. The personnel appeals board will review the exceptions and may hold a hearing prior to modifying or affirming the director's order.

[Statutory Authority: RCW 41.06.150. 98-19-035, 251-12-600, filed 9/10/98, effective 10/12/98; 97-13-045, 251-12-600, filed 6/13/97, effective 8/1/97. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, 251-12-600, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), 251-12-600, filed 6/21/89, effective 10/1/89; 88-22-057 (Order 174), 251-12-600, filed 11/1/88; 81-24-019 (Order 92) 251-12-600, filed 11/24/81, effective 1/1/82; 79-03-029 (Order 71), 251-12-600, filed 2/27/79, effective 4/2/79; Order 61, 251-12-600, filed 8/30/77, effective 10/1/77.]

Washington State Code Reviser's Office