PERMANENT RULES
Effective Date of Rule: October 9, 2009.
Purpose: The following proposed new rule addresses what happens if an employee requests a director's review of his/her allocation or files exceptions to the director's decision and is laid off before a decision is issued.
NOTE: We are filing this correction because we inadvertently filed the wrong language on August 13, 2009, WSR 09-17-061. This new language will be effective October 9, 2009.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 09-14-122 on July 1, 2009.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: September 8, 2009.
Eva N. Santos
Director
OTS-2487.2
NEW SECTION
WAC 357-13-083
What happens if an employee requests a
director's review of his or her allocation or files an
exception to the director's decision and is laid off before a
decision is issued?
When an employee's position has been
reallocated as part of a board or director's decision on
allocation and when the employee was laid off prior to the
board or director's decision being issued, the following
applies:
(1) The employee's position is reallocated effective as of the date the request for a position review was filed with the employer;
(2) If the employee was reallocated to a class with a higher salary range, the employee is due back pay from the effective date of the allocation to the effective date of the layoff;
(3) The layoff action (including options afforded to the employee) is not impacted; and
(4) The employee shall have layoff list rights to the class the employee's former position was reallocated to in accordance with WAC 357-46-070 and 357-46-080.
[]