Section 357-19-188. What happens when a permanent DEL employee is disqualified because of a background check?

(1) A permanent employee with a background check disqualification may be subject to any of the following actions in no specific order:

(a) Voluntary demotion;

(b) Job restructuring;

(c) Voluntary resignation;

(d) Job reassignment;

(e) Nondisciplinary separation in accordance with WAC 357-46-195; or

(f) Disciplinary action in accordance with WAC 357-40-010.

(2) An appointing authority may use the following interim measures while exploring the availability of actions (not to exceed thirty calendar days except in cases where there are investigations of pending charges):

(a) Voluntary use of accrued vacation, exchange, and/or compensatory time;

(b) Authorized leave without pay, if there is no paid leave available, or if the employee chooses not to use paid leave; and/or

(c) Reassignment to another work location.

(d) When considering the above actions, the agency will consider the least restrictive means necessary to prevent unsupervised access.

(3) Before a permanent employee may be separated due to a background check disqualification, the search for a noncovered position will occur over a period of thirty calendar days.

[Statutory Authority: Chapter 41.06 RCW. WSR 07-17-125, § 357-19-188, filed 8/20/07, effective 9/20/07; WSR 05-12-097, § 357-19-188, filed 5/27/05, effective 7/1/05.]

Chapter 41.06 RCW. WSR 07-17-125, § 357-19-188, filed 8/20/07, effective 9/20/07; WSR 05-12-097, § 357-19-188, filed 5/27/05, effective 7/1/05.

Rules

357-46-195,357-40-010,