PERMANENT RULES
Date of Adoption: May 8, 2001.
Purpose: The purpose of these rules is to define temporary appointment and remedial action. These are housekeeping changes that reflect appropriate subsections.
Citation of Existing Rules Affected by this Order: Amending WAC 251-01-415 and 251-12-600.
Statutory Authority for Adoption: RCW 41.06.150.
Adopted under notice filed as WSR 01-08-063 on April 3, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Effective Date of Rule: July 1, 2001.
May 18, 2001
Eugene Matt
Secretary
(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.]
(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.]