WSR 01-24-053

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed November 29, 2001, 2:29 p.m. ]

     Original Notice.

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

     Title of Rule: WAC 356-05-389 Selective and 356-26-130 Certification -- Selective -- When permitted.

     Purpose: The purpose of these rules is to address selectives.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

     Summary: The new rule will define the term "selective." The modification to WAC 356-26-130 will coincide with the definition of "selective."

     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: WAC 356-05-389 defines the term "selective." WAC 356-26-130 addresses selective certification. The modification to WAC 356-26-130 will coincide with the definition of "selective."

     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


NEW SECTION
WAC 356-05-389   Selective.   Specialized qualifications that are required for the successful performance of the duties of a position and cannot be gained within the probationary or trial service period.

[]


AMENDATORY SECTION(Amending WSR 87-02-038 (Order 267), filed 1/2/87)

WAC 356-26-130   Certification -- Selective -- When permitted.   An appointing authority may request a selective certification of eligibles who have specialized qualifications that are required for the successful performance of the duties of the position, and cannot be gained within ((a reasonable time, not to exceed)) the probationary or trial service period. This request must be made prior to certification.

     If the director of personnel determines that the facts and reasons justify the request, the highest ranking eligibles who have the specialized qualifications shall be certified.

     (1) Selective certification based on gender shall not be made without a bona fide occupational qualification approved by the human rights commission.

     (2) The director of personnel may selectively certify eligibles who are filling project positions to fill permanent positions. Such selective certification shall apply only from names on an open competitive register.

     (3) Selective certification of eligibles who possess an appropriate, valid motor vehicle operator's license may be required for positions whose duties require specific driving skills.

[Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), § 356-26-130, filed 1/2/87; 85-07-060 (Order 219), § 356-26-130, filed 3/20/85. Statutory Authority: RCW 41.06.150(17). 79-12-072 (Order 138), § 356-26-130, filed 11/30/79, effective 1/1/80; 79-11-046 (Order 136), § 356-26-130, filed 10/15/79, effective 1/1/80; Order 69, § 356-26-130, filed 9/30/74; Order 47, § 356-26-130, filed 6/14/72; Order 39, § 356-26-130, filed 9/15/71; Order 36, § 356-26-130, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-090.]

© Washington State Code Reviser's Office