09-08-093

WSR 09-08-093

PROPOSED RULES

DEPARTMENT OF PERSONNEL

[ Filed March 31, 2009, 9:38 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-19-160 Can an employee be elevated following a demotion?, 357-19-240 What positions can be designated as in-training?, and 357-19-285 What happens to an employee who fails to progress satisfactorily through an in-training plan?

     Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on May 14, 2009, at 8:30 a.m.

     Date of Intended Adoption: May 14, 2009.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail [e-mail], fax [phone], by May 7, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by May 7, 2009, TTY [phone] or [phone].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The following proposed rule modification will eliminate any reference to the term "occupational category" in TITLE 357 WAC and replace it with "class series."

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA, [phone]; Implementation and Enforcement: Department of personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     A cost-benefit analysis is not required under RCW 34.05.328.

April 1 [March 31], 2009

Eva N. Santos

Director

AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-160   Can an employee be elevated following a demotion?   Employers may elevate an employee with permanent status to the class held by the employee immediately prior to being demoted or to a class in the same ((occupational category/))class series which is between the current class and the class from which the employee was demoted. Elevation must be to a position for which they meet the competencies and other position requirements. The employer may require the elevated employee to serve a trial service period.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-160, filed 12/21/04, effective 7/1/05.]

AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-240   What positions can be designated as in-training?   Employers may designate specific positions, groups of positions, or all positions in a class or class series ((or an occupational category)), as in-training positions. Unless other staffing methods have been exhausted, positions with primary responsibility for supervision should not be designated as in-training positions.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-240, filed 12/21/04, effective 7/1/05.]

AMENDATORY SECTION(Amending WSR 06-15-065, filed 7/13/06, effective 8/14/06)

WAC 357-19-285   What happens to an employee who fails to progress satisfactorily through an in-training plan?  

This table is used to determine what happens when an employee appointed to an in-training position fails to satisfactorily progress through the in-training plan.
	Type of In-Training Position:
	Class Series((/Occupational Category)): All positions in the ((occupational category/))class series are designated as in-training positions by the employer	Individual position: The individual position is designated as an in-training position
Employee Status:
Employee in Probationary Period	-> The employee must be separated in accordance with WAC 357-46-185.	-> The employee must be separated in accordance with WAC 357-46-185.
Employee in Trial Service Period	If the employee WAS PERMANENT before the in-training appointment: -> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment. If the employee was NOT PERMANENT before the in-training appointment: ->The employee must be dismissed under the provisions of WAC 357-40-010.	-> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class in which the employee was most recently permanent.
Employee achieved permanent status in job class of the current in-training step but is failing to progress to the next step	If the employee WAS PERMANENT before the in-training appointment: -> The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment. If the employee was NOT PERMANENT before the in-training appointment: -> The employee must be dismissed under the provisions of WAC 357-40-010.	->The employee is removed from the in-training position and has reversion rights in accordance with WAC 357-19-115 through 357-19-117. The employee has reversion rights to a position, if available, in the class in which the employee currently holds permanent status.

[Statutory Authority: Chapter 41.06 RCW. 06-15-065, § 357-19-285, filed 7/13/06, effective 8/14/06; 05-01-206, § 357-19-285, filed 12/21/04, effective 7/1/05.]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.