reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-125 - What happens if an employee does not complete the transition review period?

Current through Register Vol. 24-14, July 15, 2024
(1) The employer
			 may involuntarily separate an employee from a position during the transition
			 review period or the employee may choose to voluntarily separate from a
			 position. The employer must give seven calendar days' written notice to an
			 employee who is being separated during a transition review period. If during
			 the last seven days of the transition review period, the employee commits an
			 egregious act which warrants separation, the employer may immediately separate
			 the employee without seven calendar days' notice. An employee may voluntarily
			 separate a maximum of three times as a result of a single layoff
			 action.
(2) When an employee who is
			 serving a transition review period following appointment to a position as a
			 layoff option is separated from the position during the transition review
			 period, the following applies:
(a) The
			 employee must be provided with a layoff option in accordance with WAC
			 357-46-035 if the employer
			 involuntarily separates the employee; or
(b) The employee's name is placed on any
			 layoff lists for which the employee is eligible if the employee voluntarily
			 separates.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-130 - How long is an individual eligible to have his/her name on an employer's internal and statewide layoff list?

Current through Register Vol. 24-14, July 15, 2024
An individual is eligible to have his/her name on an employer's
				internal and statewide layoff lists for two years from the effective date of
				the qualifying action.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-130, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-135 - What causes an individual's name to be removed from a layoff list?

Current through Register Vol. 24-14, July 15, 2024
(1) An individual's
			 name
must
be removed from an internal layoff list or statewide
			 layoff list at the request of the individual or upon an employee's retirement,
			 resignation, expiration of eligibility or dismissal from the
			 employer.
(2) An individual's name
may
be removed from the internal and/or statewide layoff list for
			 a class when:
(a) The individual is appointed
			 to a permanent position in the class. The individual may also be removed from
			 the internal and/or statewide layoff list for any classes with a lower salary
			 range maximum in that class series.
(b) The individual is appointed to a
			 permanent position in a class with a higher salary range maximum in a different
			 class series.
(c) The individual
			 has been certified from the layoff list and waives consideration for a position
			 in the class three times.
(d) The
			 employer or the director's office determines good and sufficient reason
			 exists.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-140 - What is the notice requirement when an individual's name has been removed from an internal or statewide layoff list?

Current through Register Vol. 24-14, July 15, 2024
An individual whose name has been removed from an internal or
				statewide layoff list in accordance with WAC
				357-46-135(2)(b), (c), and
				(d)  must be notified in writing at the time
				of removal. The notification must provide the specific reason for the removal
				and inform the individual of the right to request a review of the removal under
				the provisions of WAC
				357-46-145. Only individuals who
				have had their name removed under the provisions of WAC
				357-46-135(2)(b), (c), and
				(d)  have the right to request a review of the
				removal.
For purposes of this rule, written notice may be provided using
				alternative methods such as e-mail, campus mail, the state mail service, or
				commercial parcel delivery in accordance with WAC
				357-04-105.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-03-071,
				  §
										357-46-140, filed 1/12/06,
				  effective 2/13/06; 05-01-184, §
										357-46-140, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-145 - To whom and by when must an individual request a review of the removal from an internal or statewide layoff list?

Current through Register Vol. 24-14, July 15, 2024
(1) Requests for review of removal from a
			 layoff list must be made to the employer when:
(a) The removal is based on the employer's
			 determination that good and sufficient reason exists under the provisions of
			 WAC 357-46-135(2)(d);
			 or
(b) The employer is responsible
			 for maintaining the layoff list and removed the individual for a reason listed
			 in WAC 357-46-135(2)(b) or
			 (c).
If the individual is not in agreement with the results of the
				employer's review, he/she may request a director's review of the
				removal.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-147 - What procedure must an employer use to review the removal of an individual from an internal or statewide layoff list under the provisions of WAC 357-46-140?

Current through Register Vol. 24-14, July 15, 2024
Each employer must develop a review procedure that specifies
				the procedure the employer will use to review the removal of an individual's
				name from an internal or statewide layoff list. The procedure must minimally
				specify that the review will be conducted by a representative of the employer
				that was not involved in the action under review.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-189,
				  §
										357-46-147, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-150 - If an employee wants to resign from employment, how much notice should the employee give the employer?

Current through Register Vol. 24-14, July 15, 2024
An employee who intends to resign from state service should
				provide his/her resignation to the appointing authority or employing official
				at least fifteen calendar days before the effective date of the
				resignation.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-150, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-155 - Can an employee withdraw a resignation?

Current through Register Vol. 24-14, July 15, 2024
An appointing authority or employing official may permit
				withdrawal of a resignation at any time prior to the effective
				date.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-155, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-160 - What is a disability separation?

Current through Register Vol. 24-14, July 15, 2024
A disability separation is an action taken to separate an
				employee from service when the employer determines that the employee is unable
				to perform the essential functions of the employee's position or class with or
				without reasonable accommodation due to mental, sensory, or physical
				incapacity. Disability separation is not a disciplinary
				action.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-160, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-165 - When may an employer separate an employee in accordance with WAC 357-46-160?

Current through Register Vol. 24-14, July 15, 2024
An employer may separate an employee due to disability when any
				of the following circumstances exist:
(1) The employer is unable to reasonably
			 accommodate the employee.
(2) The
			 employer has medical documentation of the employee's inability to work in any
			 capacity.
(3) The employee requests
			 separation due to disability and the employer has medical information which
			 documents that the employee cannot perform the essential functions of the
			 employee's position or class.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-165, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-170 - What is the notice requirement before separating an employee due to disability under the provisions of WAC 357-46-160?

Current through Register Vol. 24-14, July 15, 2024
Before separating an employee from employment under the
				provisions of WAC
				357-46-160, the employer must
				provide at least seven calendar days' written notice to the employee. For
				permanent employees, the notice must include information on how to apply for
				reemployment as provided in WAC
				357-19-475.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-008,
				  §
										357-46-170, filed 9/8/05,
				  effective 10/10/05; 04-18-114, §
										357-46-170, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-175 - Can an employee appeal a disability separation?

Current through Register Vol. 24-14, July 15, 2024
A permanent employee who has been separated due to disability
				may appeal the separation as provided in chapter 357-52 WAC unless separation
				is at the employee's request.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-175, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-180 - Can an employee be separated during the probationary period?

Current through Register Vol. 24-14, July 15, 2024
An appointing authority may separate a probationary employee
				who has not completed his/her probationary period.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-180, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-185 - What are the notice requirements before separating a probationary employee?

Current through Register Vol. 24-14, July 15, 2024
A probationary employee must receive a minimum of one calendar
				day's written notice before being separated.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-185, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-190 - Can an individual appeal being separated during the probationary period?

Current through Register Vol. 24-14, July 15, 2024
An individual separated during a probationary period does not
				have the right to appeal the separation.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-190, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-195 - May an employer separate an employee for nondisciplinary reasons?

Current through Register Vol. 24-14, July 15, 2024
An employer
may
separate a permanent employee from
				a position or from employment for nondisciplinary reasons such as failure to
				comply with the conditions of employment which may or may not have existed at
				the time of initial appointment or failure to authorize or to pass a background
				check required by the position.
The employer may consider other employment options such as
				transfer or voluntary demotion in lieu of separation.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-195, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-200 - What is the notice requirement before separating an employee for nondisciplinary reasons under the provisions of WAC 357-46-195?

Current through Register Vol. 24-14, July 15, 2024
(1) Before separating an employee from
			 employment under the provisions of WAC
			 357-46-195, the employer must
			 provide at least fifteen calendar days' written notice to the employee and
			 state the reason for separation. If, within the notice period, the employee
			 satisfactorily demonstrates why the separation should not occur, the appointing
			 authority may rescind the separation notice.
(2) The employer should consider reassignment
			 during the notice period if continued employment in the position represents a
			 liability.
(3) This section does
			 not apply to separations due to disability. WAC
			 357-46-170 specifies the notice
			 requirement when separating an employee due to disability.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-008,
				  §
										357-46-200, filed 9/8/05,
				  effective 10/10/05; 04-18-114, §
										357-46-200, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-205 - Can an employee appeal being separated for nondisciplinary reasons in accordance with WAC 357-46-195 and 357-46-200?

Current through Register Vol. 24-14, July 15, 2024
A permanent employee separated under WAC
				357-46-195 may appeal as provided
				in chapter 357-52 WAC.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-205, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-210 - When can an employer separate a permanent employee for unauthorized absence?

Current through Register Vol. 24-14, July 15, 2024
An employer may separate a permanent employee who has been
				absent without authorized leave for a period of three consecutive working
				days.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-210, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-215 - How is an employee who is being separated for unauthorized absence notified?

Current through Register Vol. 24-14, July 15, 2024
Following an unauthorized absence of at least three consecutive
				working days, the employer may separate an employee by sending a separation
				notice to the employee by personal service or by United States mail to the last
				known address of the employee. For a permanent employee, the separation notice
				must inform the employee of the ability to petition the employer for
				reinstatement and the right to appeal the separation to the board as provided
				in chapter 357-52 WAC.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-007,
				  §
										357-46-215, filed 9/8/05,
				  effective 10/10/05; 04-18-114, §
										357-46-215, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-220 - How can a permanent employee separated for unauthorized absence petition for reinstatement?

Current through Register Vol. 24-14, July 15, 2024
A permanent employee separated for unauthorized absence may
				petition the appointing authority in writing to consider reinstatement. The
				employee must provide proof that the absence was involuntary or unavoidable.
				The employer must receive the employee's petition within seven calendar days of
				personal service or deposit in the United States mail of the separation
				notice.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-007,
				  §
										357-46-220, filed 9/8/05,
				  effective 10/10/05; 04-18-114, §
										357-46-220, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-222 - Must the employer respond to an employee's petition for reinstatement within a specific time frame?

Current through Register Vol. 24-14, July 15, 2024
The employer must respond in writing to an employee's petition
				for reinstatement as provided in WAC
				357-46-220 within seven calendar
				days of receipt of the employee's petition.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-007,
				  §
										357-46-222, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-225 - Can a permanent employee appeal if the employer does not reinstate the employee under WAC 357-46-220?

Current through Register Vol. 24-14, July 15, 2024
Within thirty calendar days of the effective date of the
				separation, a permanent employee may appeal the separation to the board.
				Petitioning the employer for reinstatement does not lengthen the thirty
				calendar days within which the employee may appeal to the board. Appeals may
				not be based on information other than that shared with the employer at the
				time of the request for reinstatement.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-007,
				  §
										357-46-225, filed 9/8/05,
				  effective 10/10/05; 04-18-114, §
										357-46-225, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-010 - For what actions may an individual request a director's review?

Current through Register Vol. 24-14, July 15, 2024
An individual may request a director's review of:
(1) Allocation or reallocation per WAC
			 357-13-080;
(2) Remedial action per WAC
			 357-19-430 or
			 357-19-450. Requests for remedial
			 action must be received within thirty calendar days of the date the individual
			 could reasonably be expected to have knowledge of the action giving rise to
			 violation of the nonpermanent appointment or temporary appointment rules;
(3) Removal of an individual's
			 name from a layoff list as specified in WAC
			 357-46-145; or
(4) Performance evaluation process or
			 procedure per WAC
			 357-37-080.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-49-010, filed 11/10/11,
				  effective 12/13/11; 06-03-071, §
										357-49-010, filed 1/12/06,
				  effective 2/13/06; 05-19-011, §
										357-49-010, filed 9/8/05,
				  effective 10/10/05; 05-12-082, §
										357-49-010, filed 5/27/05,
				  effective 7/1/05; 05-01-182, §
										357-49-010, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-013 - What actions are not subject to a director's review?

Current through Register Vol. 24-14, July 15, 2024
The following actions are not subject to a director's
				review:
(1) Alleged violation of civil
			 service rules including those pertaining to layoff, except for removal of an
			 individual's name from a layoff list as provided in WAC
			 357-49-010(3);
			 or
(2) Actions of reduction,
			 dismissal, suspension, demotion or separation.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-015 - How does an individual or employee request a director's review?

Current through Register Vol. 24-14, July 15, 2024
Director's review requests must be filed with the director's
				office. Review requests must include:
(1) The requestor's name, address and
			 telephone number;
(2) The name of
			 the employer that took the action for which a review is requested;
(3) If applicable, the employee
			 representative's name, address and telephone number;
(4) For allocations and reallocations, the
			 job classification or position of the employee;
(5) A short statement of the grounds or
			 reasons for the request; and
(6) A
			 short statement of the relief or remedy sought by the requestor.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-183,
				  §
										357-49-015, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-0150 - What happens if the individual requesting a director's review does not submit all the information required by WAC 357-49-015?

Current through Register Vol. 24-14, July 15, 2024
(1) When the director or designee receives a
			 request for review, the director or designee reviews the document(s) to
			 determine whether the information required by this section has been
			 provided.
(2) If any of the
			 required information is not provided with the request for review, the director
			 or designee notifies the requestor and instructs the requestor to provide the
			 missing information and sends a copy of the notice to all parties.
(3) The requestor must provide the missing
			 information to the director or designee and the requestor's employer, if
			 applicable, as requested within twenty-one calendar days of the date the
			 notification is mailed.
(4) If the
			 requestor fails to comply with the requirements of this section, the director
			 or designee may dismiss the request for review.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-0152 - Who is responsible to notify the director or designee when there is a change in address, telephone number or representation?

Current through Register Vol. 24-14, July 15, 2024
The requestor is responsible for notifying the director or
				designee of their change in address, telephone number or
				representation.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-0154 - What actions will the director or designee perform once the request for a director's review is received?

Current through Register Vol. 24-14, July 15, 2024
Once the request for a director's review is received, the
				director or designee will send acknowledgment including:
(1) Case number;
(2) Instructions on how to prepare and submit
			 the exhibits;
(3) Information on
			 how to expedite the allocation review process; and
(4) Any additional information
			 needed.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-0156 - What documents must an employer provide when a request for director's review of an allocation or reallocation is filed?

Current through Register Vol. 24-14, July 15, 2024
(1) The employer must provide all documents
			 considered during its review. For allocation or reallocation reviews, the
			 documents must include:
(a) Employee's
			 position review request or equivalent;
(b) Supervisor's statement section of the
			 position review request or equivalent;
(c) Employee's position description form that
			 is on file at the time of the position review request;
(d) Organizational chart containing the
			 employee's position;
(e) Employer's
			 decision letter; and
(f) All other
			 documents considered during the review.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-0158 - What additional documents may the requestor submit when a request for director's review of an allocation or reallocation is filed?

Current through Register Vol. 24-14, July 15, 2024
The requestor may submit additional documents that are not
				duplicates of documents already provided. The additional documents must be
				relevant to the time period under review.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-016 - What process is used to conduct a director's review?

Current through Register Vol. 24-14, July 15, 2024
(1) The director's review is an informal
			 process conducted by the director or designee.
(2) The review may be conducted by review of
			 written documents, in person, by telephone or by other electronic means as
			 determined by the director or designee.
(3) If the review is conducted by telephone,
			 in person or by other electronic means, the director or designee shall prepare
			 an official audio record of the review. A copy of the audio recording may be
			 ordered from the director for a reasonable charge.
(4) The director or designee shall prepare a
			 record of the documents reviewed and issue a written determination.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-0165 - Which director's review determinations may be appealed?

Current through Register Vol. 24-14, July 15, 2024
The following director's review determinations may be appealed
				to the personnel resources board:
(1)
			 Allocation or reallocation per WAC
			 357-13-080;
(2) Removal of an employee's name from a
			 layoff list as specified in WAC
			 357-46-145; and
(3) Remedial action request per WAC
			 357-49-010(2).
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-017

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-49-017, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-018 - Who has the right to appeal the results of a director's review determination?

Current through Register Vol. 24-14, July 15, 2024
Either party may appeal the director's determination to the
				personnel resources board for the actions listed in WAC 357-49-0165 by filing
				written exceptions in accordance with chapter 357-52 WAC.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-49-018, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-019

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-49-019, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-020

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-183,
				  §
										357-49-020, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-022 - Who has the burden of proof in a director's review?

Current through Register Vol. 24-14, July 15, 2024
The requestor has the burden of proof in a director's
				review.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-49-022, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-023 - How must director's review requests be filed with the director?

Current through Register Vol. 24-14, July 15, 2024
Director's review requests must be filed with the director by
				filing online through the director's website, by fax, by mail, or in
				person.
(1) Director's review requests
			 are considered filed when received in the director's review office in Olympia,
			 Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday through
			 Friday. Documents received in the director's review office in Olympia,
			 Washington, outside of office hours or on a legal holiday will be deemed filed
			 on the next business day.
(2)
			 Director's review requests filed by fax must have a cover page identifying the
			 addressee; the person making the transmission, including the address, telephone
			 number; and the review to which the documents are related.
(3) Director's review requests are considered
			 filed when a legible copy of the documents is received in accordance with
			 subsection (1) of this section.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-03-070,
				  §
										357-49-023, filed 1/12/06,
				  effective 2/13/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-025

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-49-025, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-027

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-03-070,
				  §
										357-49-027, filed 1/12/06,
				  effective 2/13/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-49 - Director's review › Section 357-49-035 - When does a director's review determination become final?

Current through Register Vol. 24-14, July 15, 2024
If no exceptions are filed, the determination becomes final
				thirty calendar days after notice of the determination is served on the
				parties.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-49-035, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-005 - May the board waive the procedural rules contained in chapter 357-52 WAC?

Current through Register Vol. 24-14, July 15, 2024
In order to prevent hardship, delay, or for other good cause,
				the board may waive any of the procedural rules contained in chapter 357-52 WAC
				for any party not represented by legal counsel. The board may not waive a
				jurisdictional rule.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-005, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-010 - What actions may be appealed?

Current through Register Vol. 24-14, July 15, 2024
(1) Within WGS,
			 the following actions may be appealed:
(a) Any
			 permanent WGS employee subject to the statutory jurisdiction of the board who
			 is dismissed, suspended, demoted, or separated or whose base salary is reduced
			 may appeal to the board.
(b) Any
			 employee, subject to the statutory jurisdiction of the board who adversely is
			 affected by a violation of the state civil service law (chapter 41.06 RCW) or
			 the rules contained in Title 357 WAC, may appeal to the board as follows:
(i) For a violation of state civil service
			 law or rules relating to a layoff action, excluding removal from a layoff list,
			 the employee may appeal directly to the board.
(ii) For a violation of state civil service
			 law or rules relating to any other subject, including removal from a layoff
			 list, the employee may appeal directly to the board, except as provided in WAC
			 357-49-010(1)
			 and chapter 49.100 RCW.
(c) An employee in a position at the time of
			 its allocation or reallocation or the employer may appeal to the personnel
			 resources board by filing written exceptions to the director's review
			 determination.
(d) An employee
			 whose position has been exempted from chapter 41.06 RCW or the exclusive
			 bargaining unit representative for a vacant position that has been exempted
			 from chapter 41.06 RCW may appeal the exemption to the board.
(e) An individual or the employer may appeal
			 remedial action to the board by filing written exceptions to the director's
			 review determination.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-012 - Does an employee who has been temporarily laid off under chapter 32, Laws of 2010 have the right to appeal the temporary layoff?

Current through Register Vol. 24-14, July 15, 2024
An employee who has been temporarily laid off under chapter 32,
				Laws of 2010 does not have the right to appeal the temporary
				layoff.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-23-040,
				  §
										357-52-012, filed 11/10/10,
				  effective 12/13/10.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-014 - Does an employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget, have the right to appeal the temporary layoff?

Current through Register Vol. 24-14, July 15, 2024
An employee who has been temporarily laid off due to the
				failure of congress to pass a continuing resolution or a federal budget does
				not have the right to appeal the temporary layoff.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-015 - By when must an appeal be filed and received in order to be considered timely?

Current through Register Vol. 24-14, July 15, 2024
In order to be considered timely, an appeal must be received
				in writing at the office of the board within thirty calendar days after:
(1) The effective date of the disciplinary
			 action, layoff, or separation;
(2)
			 The date the employee could reasonably be expected to have knowledge of the
			 action giving rise to a law or rule violation claim or the stated effective
			 date, whichever is later;
(3)
			 Service of the director's determination unless the rules specifically state
			 that the director's determination is final; or
(4) The effective date of the exemption of a
			 position or the notice of exemption, whichever is later.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-03-074,
				  §
										357-52-015, filed 1/12/06,
				  effective 2/13/06; 05-01-190, §
										357-52-015, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-020 - What information must be submitted with the appeal?

Current through Register Vol. 24-14, July 15, 2024
(1) The appeal must include:
(a) The name and address of the appellant and
			 if represented the name, address and telephone number of the
			 representative,
(b) The name of the
			 employer and the department that took the action which is being
			 appealed,
(c) A telephone number at
			 which the appellant can be reached,
(d) The job classification or position of the
			 employee at the time of the action which is being appealed,
(e) A short statement of the grounds or
			 reasons for the appeal, and if applicable, the rule(s) the appellant believes
			 has been violated,
(f) A short
			 statement of the relief or remedy sought by the appellant, and
(g) A short statement of whether the
			 appellant believes the case would or would not be appropriate for
			 mediation.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-025 - Who is responsible for notifying the board of any change in address, telephone number or representation?

Current through Register Vol. 24-14, July 15, 2024
The appellant is responsible for notifying the board of any
				change in address, telephone number or representation.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-025, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-030 - Are standardized forms available for filing appeals?

Current through Register Vol. 24-14, July 15, 2024
The director's office makes standardized forms available for
				filing appeals. Appellants may prepare and use their own appeal documents.
				Appellants' documents must contain all of the information required by WAC
				357-52-020.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-52-030, filed 11/10/11,
				  effective 12/13/11; 05-01-190, §
										357-52-030, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-035 - What happens if the appellant does not submit all the information required by WAC 357-52-020?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 When the board receives an appeal, it reviews the document(s) to determine
			 whether the information required by this section has been provided.
(2) If any of the required information is not
			 provided with the appeal, the board directs the appellant to provide the
			 missing information and sends a copy of the notice to all affected
			 parties.
(3) The appellant must
			 provide the missing information as requested within twenty-one calendar days of
			 the date the notification is mailed.
(4) When the board receives the requested
			 information, it sends a copy to the other affected parties.
(5) If the appellant fails to comply with the
			 requirements of this section the board may dismiss the appeal according to WAC
			 357-52-215.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-035, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-040 - How does the board acknowledge receipt of an appeal?

Current through Register Vol. 24-14, July 15, 2024
(1) When the board receives an appeal, it
			 sends a written acknowledgement to the appellant and a copy to the other
			 affected parties.
(2) If necessary,
			 the board requests a copy of the action letter from the employer.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-040, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-045 - Are appeals reviewed for timeliness?

Current through Register Vol. 24-14, July 15, 2024
(1) The board reviews all appeal(s) for
			 timeliness. When an appeal appears to be untimely, the board directs the
			 parties to submit affidavits and/or written argument addressing the timeliness
			 of the appeal.
(2) In addition, any
			 party to an appeal may submit a motion to dismiss for untimeliness at any time
			 during the appeal process.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-045, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-050 - How does the board notify the parties when the appeal is set for hearing?

Current through Register Vol. 24-14, July 15, 2024
The board must notify the parties of record in writing of the
				time and place of the hearing. The notice of hearing must be mailed at least
				thirty calendar days before the date of the hearing, unless all parties agree
				to a shorter notice period.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-050, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-055 - May anyone other than the board adjudicate appeals or conduct prehearing meetings?

Current through Register Vol. 24-14, July 15, 2024
The board may designate one or more hearing officers or the
				director to act as a board designee to mediate appeals, conduct prehearing
				conferences and/or hearings, and make recommended or final
				decisions.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-055, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-060 - Can appeals be mediated?

Current through Register Vol. 24-14, July 15, 2024
When both parties to an appeal agree, the appeal can be
				mediated.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-060, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-065 - Who mediates appeals?

Current through Register Vol. 24-14, July 15, 2024
The board may assign the case to a mediator. Nothing in this
				section prevents the parties from selecting their own mediator. However, if a
				mediator other than the one designated by the board is selected, the parties
				must pay the cost of the mediator.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-065, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-070 - How are mediations conducted?

Current through Register Vol. 24-14, July 15, 2024
(1) After the board assigns a mediator, the
			 parties must meet and confer at least once and engage in a good faith attempt
			 to negotiate a resolution of the appeal. The mediator may decide to hold the
			 mediation by telephone. The appellant and at least one designee of the employer
			 must personally participate in the mediation. If the designee of the employer
			 does not have authority to act on behalf of the employer, a person with the
			 requisite authority must be available by telephone.
(2) Mediation and settlement discussions are
			 privileged and the proceedings must not be reported or recorded in any manner,
			 except for agreements reached by the parties.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-070, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-075 - What happens at the conclusion of mediation conducted by the board?

Current through Register Vol. 24-14, July 15, 2024
(1) If a settlement
			 is reached, the agreement must be put in writing. The agreement will be binding
			 on all parties to that agreement. The appellant must sign a request to withdraw
			 the appeal.
(2) If a settlement is
			 not reached, the mediator must inform the board.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-075, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-077 - What happens when the parties settle an appeal without the assistance of a board mediator?

Current through Register Vol. 24-14, July 15, 2024
If a settlement is reached, the appellant must inform the board
				and must sign and submit a request to withdraw the appeal.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-077, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-080 - What can a prehearing conference be used for?

Current through Register Vol. 24-14, July 15, 2024
The board may direct the parties or their representatives to
				engage in a prehearing conference(s) to consider the following:
(1) Simplification or limitation of
			 issues;
(2) Possibility of
			 obtaining stipulations, admissions of fact, and admissions of the genuineness
			 of documents that will avoid unnecessary proof;
(3) Discovery, discovery methods and
			 discovery deadlines;
(4) Number of
			 witnesses expected to be called and their names when possible;
(5) Approximate time necessary for
			 presentation of the evidence of the respective parties;
(6) Whether or when motions may be
			 brought;
(7) Exhibits;
(8) Affidavits; and
(9) Such other matters as may aid in the
			 prompt disposition of the appeal.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-080, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-085 - How and when may a prehearing conference be held?

Current through Register Vol. 24-14, July 15, 2024
(1) A prehearing conference may be held in
			 conjunction with a mediation.
(2)
			 Prehearing conferences may be held by telephone.
(3) The parties are encouraged where possible
			 to resolve their disputes by agreement. To facilitate such resolution, the
			 prehearing conference may be recessed at any time to give the parties time to
			 discuss settlement of their dispute. In the event settlement is reached, the
			 parties must notify the board and the appellant must sign and submit a request
			 to withdraw the appeal.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-085, filed 12/21/04,
				  effective 7/1/05.