Washington Administrative Code

An appointing authority may separate a probationary employee who has not completed the probationary period.[Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-180, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-180, filed…

A probationary employee must receive a minimum of one calendar day's written notice before being separated.[Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-185, filed 9/1/04, effective 7/1/05.]

An individual separated during a probationary period does not have the right to appeal the separation.[Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-190, filed 9/1/04, effective 7/1/05.]

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 backg…

(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 demons…

A permanent employee separated under WAC 357-46-195 may appeal as provided in chapter 357-52 WAC.[Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-205, filed 9/1/04, effective 7/1/05.]

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. WSR 04-18-114, § 357-46-210, filed 9/1/04, effective 7/1/05.]

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…

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 cale…

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. WSR 05-19-007, § 357-46-222, filed 9/8/05, effective 10/10/05.]

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 n…

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 expect…

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, s…

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 representativ…

(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, th…

The requestor is responsible for notifying the director or designee of their change in address, telephone number or representation.[Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-0152, filed 5/13/16, effective 6/20/16.]

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 inf…

(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) Em…

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.[Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-0158, filed 5/13/16, effective 6/20/16.]

(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 …

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…

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. WSR 16-11-058, § 357-49-018, filed 5/13/16, …

The requestor has the burden of proof in a director's review.[Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-022, filed 5/13/16, effective 6/20/16; WSR 05-19-011, § 357-49-022, filed 9/8/05, effective 10/10/05.]

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 ho…

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. WSR 16-11-058, § 357-49-035, filed 5/13/16, effective 6/20/16; WSR 05-19-011, § 357-49-035, filed 9…

Service of director's review determinations is accomplished as provided in WAC 357-04-105.[Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-040, filed 5/13/16, effective 6/20/16.]

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. WSR…

(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 stat…

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. WSR 10-23-040, § 357-52-012, filed 11/10/10, effective 12/13/10.]

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.[Statutory Authority: Chapter 41.06 RCW. WSR 16-05-058, § 357-52-014, filed 2/12/16, effective 3…

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 o…

(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 a…

The appellant is responsible for notifying the board of any change in address, telephone number or representation.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-025, filed 12/21/04, effective 7/1/05.]

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. WSR 11-23-054, § 3…

(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 informa…

(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. WSR 05-01-190, § 357-52-…

(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 fo…

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 …

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. WSR 05-01-190, § 357-52-055, filed …

When both parties to an appeal agree, the appeal can be mediated.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-060, filed 12/21/04, effective 7/1/05.]

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 …

(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 m…

(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 Authori…

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. WSR 05-01-190, § 357-52-077, filed 12/21/04, effective 7/1/05.]

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 tha…

(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 recess…

The results of the prehearing conference must be stated in a written statement of results. The statement must include, where applicable, agreements concerning issues, admissions, stipulations, witnesses, discovery, length of hearing, motions, exhibits, affidavits, and other matte…

Failure of a party to participate in a prehearing conference may result in dismissal of the appeal, or other appropriate sanctions.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-095, filed 12/21/04, effective 7/1/05.]

Appeal hearings are conducted as follows:(1) Hearings on all appeals are open to the public unless the board determines there is substantial reason for not having an open hearing, or the employee so requests.(2) The hearing is informal. Technical rules of evidence do not apply to…

All conferences and hearings before the board may be conducted by telephone or other electronic means as determined by the board.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-105, filed 12/21/04, effective 7/1/05.]