Original Notice.

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

     Title of Rule: WAC 356-26-060 Certification -- General methods.

     Purpose: This rule pertains to the methods used for certification of names to fill classified general government state positions.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

     Summary: This modification is housekeeping in nature. It will remove language from this rule that describes a practice that was done when certifications used to be done manually. This practice is no longer used.

     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 the methods used in certification of names to fill positions. This modification removes language that has been in place since 1973. At that time referrals were done manually and this was used to speed up the process when additional names were needed. This process is no longer used.

     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 July 11, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Department of Personnel by July 5, 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 July 5, 2002.

     Date of Intended Adoption: July 11, 2002.

June 4, 2002

E. C. Matt

Secretary

     (1) One name will constitute a complete certification when referrals are made from the agency reduction in force register, the service-wide reduction in force register, or the dual agency reversion register. When an appointing authority requests a selective certification for specialized qualifications, the eligible candidate must meet the selective criteria in order to be referred to the position, provided:

     (a) The criteria were approved when the position was established, reallocated, or last filled; or

     (b) The specialized qualifications were previously required for a classification that was later merged with other classifications that did not require them; or

     (c) It has been determined that the position involves new duties that would warrant future selective certification. Such selective criteria shall not be applied for certification purposes until six months after the department of personnel approves the selective criteria for the position.

     (d) In the case of (a), (b), or (c) of this subsection, the director of personnel or designee must determine that the specialized qualifications are still required for successful job performance and cannot be learned within a reasonable length of time.

     (((2) Where all names are certified exclusively from an open competitive register, the director of personnel may certify in ranked order up to all of the names from the open competitive register: Provided, That the appointing authority shall select from those eligibles available from the highest ranking names which constitute seven names per vacancy to be filled.))

     (((3))) (2) The names of candidates from the same register who have the same score as the lowest score to be certified will also be certified.

     (((4))) (3) An unranked register may be used to complete a certification. An agency may request the transfer, reemployment, and/or voluntary demotion register(s) to complete a certification. In such cases, all names appearing on the specified register shall be certified. Subsequent unranked registers shall not be used until the certification is again incomplete.

     (((5))) (4) When the vacancy to be filled is identified as part of an agency's affirmative action goals as established by their approved affirmative action plan, the director of personnel may, except where there are employees on the reduction in force register, refer up to three additional names per vacancy of individuals who are on existing registers and who are persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and above. More than three additional names per vacancy will be certified if there are eligibles in these categories with the same score as the lowest score to be certified. This action may be taken when necessary to comply with the best standards of personnel administration as contemplated by chapter 41.06 RCW.

     Prior to the utilization of this subsection, the agency shall determine if there are eligibles in these categories on the existing registers. If there are fewer than three such eligibles on the register, the agency shall:

     (a) Appoint one of the eligibles from the register; or

     (b) Request assistance from the department of personnel in completing the certification. The department of personnel and the agency will then initiate targeted recruitment.

     (((6))) (5) When one or more of the following conditions exist, the director of personnel or designee may certify a sufficient number of names to assure that the requesting agency has not less than seven names available for consideration:

     (a) The position is in an isolated or undesirable location.

     (b) The position has undesirable working conditions.

     (c) The agency needs to fill several positions in the class.

     (d) One or more agencies have had difficulty filling positions in the class.

     (e) The director of personnel or designee determines that such certification is necessary to provide the requesting agency with efficient service.

     If such certification contains seven or more available promotional candidates, agencies shall appoint from the promotional candidates.

     (((7))) (6) Permanent employees certified from a ranked register for consideration of appointment shall be notified by the agency at the time of the referral. Upon appointment the agency shall advise those employees certified but not appointed of the action taken.

[Statutory Authority: RCW 41.06.150. 99-05-043, § 356-26-060, filed 2/12/99, effective 4/1/99. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 356-26-060, filed 9/22/93, effective 10/23/93; 93-08-048 (Order 416), § 356-26-060, filed 4/2/93, effective 5/3/93; 91-02-030 (Order 366), § 356-26-060, filed 12/24/90, effective 2/1/91; 90-12-022 (Order 348), § 356-26-060, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 87-24-025 (Order 284), § 356-26-060, filed 11/24/87, effective 1/1/88; 87-02-038 (Order 267), § 356-26-060, filed 1/2/87; 86-21-114 (Order 261), § 356-26-060, filed 10/20/86, effective 12/1/86; 85-23-048 (Order 238), § 356-26-060, filed 11/18/85. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-26-060, filed 9/22/82; 81-20-060 (Order 161), § 356-26-060, filed 10/5/81; 81-03-017 (Order 151), § 356-26-060, filed 1/12/81. Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), § 356-26-060, filed 3/14/80. Statutory Authority: RCW 41.06.150(17). 79-12-072 (Order 138), § 356-26-060, filed 11/30/79, effective 1/1/80; 79-11-046 (Order 136), § 356-26-060, filed 10/15/79, effective 1/1/80; Order 112, § 356-26-060, filed 11/7/77; Order 96, § 356-26-060, filed 12/10/76 and 12/20/76; Order 77, § 356-26-060, filed 5/7/75; Order 68, § 356-26-060, filed 6/25/74; Order 66, § 356-26-060, filed 5/28/74; Order 56, § 356-26-060, filed 6/25/73; Order 54, § 356-26-060, filed 4/26/73; Order 36, § 356-26-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-020.]

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