PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-26-040 Registers -- Name removal for cause -- Grounds enumerated -- Requirements.
Purpose: This rule pertains to removal of a name of an eligible from a register and/or certification.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: This modification will allow removal of an applicant/employee's name from a referral and/or register if it has been determined they are ineligible in accordance with WAC 356-30-012.
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: This rule pertains to removal of candidate's name off of a referral and/or register. DSHS has requested the modification to this rule. This would allow removal of an applicant/employee's name from a referral and/or register if it has been determined they are ineligible in accordance with WAC 356-30-012.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on January 10, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by January 3, 2002, 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 January 8, 2002.
Date of Intended Adoption: January 10, 2002.
November 29, 2001
E. C. Matt
Secretary
(a) For any of the causes stipulated in the chapter on appeals (WAC 356-34-010).
(b) On evidence that the eligible cannot be located by the postal authorities.
(c) On receipt of a statement from the eligible declining an appointment and/or future interest in positions in that class.
(d) If a candidate from a reduction in force register or a dual agency reversion register has waived three offers of employment for a position in the class for which the register was established.
(e) If a candidate from a promotional or open competitive register has waived consideration three times for a position in the class for which the register was established.
(f) If an eligible fails to reply to a written inquiry as to availability after five days in addition to the time required to receive and return the inquiry.
(g) If an eligible accepts an appointment and fails to report for duty at the time and place specified without giving satisfactory reasons for the delay to the appointing authority.
(h) If an eligible was certified and reported "not satisfactory" on three occasions or if the eligible was certified and the appointing authority reported the eligible "considered but not appointed" on four separate occasions, or if the appointing authority reports either "not satisfactory" or "considered but not appointed" for a total of four times. The director of personnel or designee will monitor all name removals for adverse effect and/or disparate treatment of affected group members.
(i) If an open competitive eligible indicates availability in a specific geographic area and subsequently refuses referral or appointment to a position in that area.
(j) If the appointing authority reports that the eligible was offered employment but could not comply with the personal identification and work authorization requirements of the federal Immigration Reform and Control Act (I.R.C.A.).
(k) If an applicant/employee has been determined to be ineligible to be employed in a covered position in accordance with WAC 356-30-012, the applicant/employee's name may be removed from any referral for a covered position and/or any register where all positions in that classification are covered positions.
(2) The director of personnel or designee shall notify the eligible of this action and the reasons therefore by mail to the last known address, except in those cases in subsection (1)(b) or (c) of this section. The director of personnel or designee will advise the eligible of the right to appeal.
(3) An eligible's name shall be reinstated on the register upon showing of cause satisfactory to the director of personnel or in accordance with the decision of the board upon appeal.
[Statutory Authority: RCW 41.06.150. 01-17-082, 356-26-040, filed 8/16/01, effective 9/16/01; 00-10-026, 356-26-040, filed 4/24/00, effective 6/1/00; 98-19-034, 356-26-040, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-02-040 (Order 414), 356-26-040, filed 1/5/93, effective 2/1/93; 91-13-041 (Order 375), 356-26-040, filed 6/14/91, effective 8/1/91. Statutory Authority: RCW 41.06.150. 87-13-072 (Order 279), 356-26-040, filed 6/17/87, effective 8/1/87; 87-02-038 (Order 267), 356-26-040, filed 1/2/87; 85-21-113 (Order 237), 356-26-040, filed 10/23/85, effective 12/1/85. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-26-040, filed 9/22/82; 81-13-030 (Order 157), 356-26-040, filed 6/15/81; Order 87, 356-26-040, filed 5/4/76, effective 6/5/76; Order 81, 356-26-040, filed 8/21/75, effective 9/21/75; Order 76, 356-26-040, filed 3/31/75; Order 36, 356-26-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-410.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.