Washington Administrative Code

Employers may separate WMS employees for unauthorized absence in accordance with WAC 357-46-210, 357-46-215, 357-46-220 and 357-46-225.[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-490, filed 5/22/19, effective 7/1/19. Statutory Authority: Cha…

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 and RCW 41.06.150. WSR 19-11-136, § 357-58-500, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06…

Any permanent employee in a WMS position who is laid off, dismissed, suspended, demoted, separated, whose position has been reassigned beyond a reasonable commute without agreeing to the reassignment, or whose base salary is reduced may appeal in accordance with chapter 357-52 WA…

The agency's decision regarding which WMS position to eliminate in a layoff is not subject to appeal.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-072, § 357-58-510, filed 5/27/05, effective 7/1/05.]

Each agency will develop procedures to reconsider agency actions at the request of the employee. The agency's procedure must identify those actions for which an employee may request reconsideration. At a minimum, the agency's procedure must allow an employee to request reconsider…

In developing and administering the agency's WMS reconsideration procedures, the agency will adhere to the following:(1) Reconsideration must be limited to a maximum of three levels of consideration within the agency.(2) Reconsideration may be limited to an examination of documen…

Employee requests for reconsideration of an agency action must be in writing and requested within fifteen calendar days of the action or notification or awareness (whichever was first) of the action.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-072, § 357-58-525, filed 5/27/…

Each agency must:(1) Maintain a record of the number, nature, and outcome of employee requests for reconsideration of an agency action.(2) Identify and act upon any patterns or trends that signal problems or development or training needs among its managers.[Statutory Authority: C…

(1) Under the authority of chapter 43, Laws of 2011 and RCW 41.06.500, the director retains the right to review:(a) Any action taken by an agency under chapter 357-58 WAC; and(b) An agency's administration of the WMS program.(2) An agency's compliance with WMS procedures and rule…

For any of the reasons specified in WAC 357-58-445, an employer may temporarily layoff a WMS employee by:(1) Reducing the number of hours an employee is scheduled to work; or(2) Furloughing the employee.[Statutory Authority: Chapter 41.06 RCW. WSR 06-07-048, § 357-58-550, filed 3…

Under the provisions of WAC 357-58-550, an employer may not:(1) Furlough a WMS employee for more than thirty calendar days in a calendar year; or(2) Temporarily reduce a WMS employee's regular work schedule to less than twenty hours a week for more than sixty calendar days in a c…

If an employer has less than twenty hours per week of work for a WMS employee to perform during a period of temporary layoff, the employer must provide notification to the WMS employee that is being furloughed. The employer may then offer the available work hours to the WMS emplo…

An employer must provide the WMS employee seven calendar days' notice of temporary layoff. The temporary layoff notice must inform the WMS employee of their status during temporary layoff and the expected duration of the temporary layoff. Notice of temporary layoff may be provide…

(1) The following applies during a temporary layoff:(a) An employee's anniversary date, seniority, or unbroken service date is not adjusted for periods of time spent on temporary layoff;(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spe…

At the conclusion of the temporary layoff, the WMS employee has the right to resume the position that was held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment that was held prior to the layoff.[Statutory Aut…

For WMS employees working a shift which begins on one calendar day and ends on the next, the twenty-four hour period during which the temporary layoff occurs must be determined by the employer to start either at the start of the shift that begins on the day of temporary layoff, o…

The purpose of the personnel appeals board is to provide a system of adjudication of appeals for eligible state employees.[Statutory Authority: Chapter 41.64 RCW. WSR 82-01-053 (Order 81-4), § 358-01-010, filed 12/16/81.]

(1) The personnel appeals board shall consist of three members appointed by the governor and confirmed by the senate. Each member must be qualified by experience and training in the field of administrative procedures and merit principles.(2) No member shall hold other employment …

It shall be the responsibility of the personnel appeals board to:(1) Hear appeals filed pursuant to RCW 41.06.170 and issue findings, conclusions and orders.(2) Establish general policies, rules and regulations for the hearing of appeals.(3) Maintain a journal containing a record…

(1) The principal office of the board shall be at the state capitol but it may sit or hold hearings at any other place in the state.(2) A majority of the board shall constitute a quorum for making orders or decisions, promulgating rules necessary for the conduct of its powers and…

(1) Regular meetings of the personnel appeals board will be held at 10:00 a.m. every Monday, except holidays, in which case the meeting will be cancelled.(2) Allowance for public comment on the operational procedures of the personnel appeals board will be included on the agenda o…

(1) The board's normal time and place for considering motions, other than motions heard in conjunction with and at the time of hearings, shall be Mondays, except holidays, at 1:30 p.m., in Olympia, Washington. In addition, the board may periodically announce a supplemental calend…

(1) An executive secretary, who shall be exempt from the provisions of chapter 41.06 RCW, may be appointed and discharged by the board.(2) The executive secretary's salary shall be fixed by the governor pursuant to RCW 43.03.040.[Statutory Authority: Chapter 41.64 RCW. WSR 82-01-…

(1) The executive secretary shall direct and supervise all administrative activities in accordance with the provisions of chapter 41.64 RCW and the rules and regulations approved and promulgated by the personnel appeals board.(2) The executive secretary shall appoint staff as nec…

(1) Words used in these rules which are not defined herein or in WAC 356-06-010 are to be given their usual and ordinary meaning unless a contrary intent is apparent. Dictionary definitions may be utilized.(2) Words and phrases used herein in the past, present or future tense sha…

The executive secretary of the personnel appeals board.[Statutory Authority: Chapter 41.64 RCW. WSR 82-01-053 (Order 81-4), § 358-10-010, filed 12/16/81.]

Any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.[Statutory Authority: Chapter 41.6…

Handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photogra…

Any permanent employee subject to the statutory jurisdiction of the personnel appeals board who is dismissed, demoted, suspended, reduced in pay, dismissed for abandonment or given a disability separation may appeal to the personnel appeals board.[Statutory Authority: RCW 41.64.0…

An employee who is adversely affected by a violation of the state civil service law (chapter 41.06 RCW) or of the rules promulgated thereunder (Titles 251, 356 and 359 WAC), including rules regarding a layoff or reduction in force, may appeal to the personnel appeals board.[Statu…

An employee incumbent in a position at the time of its allocation or reallocation or the agency/institution of higher education or related board utilizing the position may appeal by filing exceptions to the determination of the director of personnel or designee.[Statutory Authori…

(1) An employee whose position has been exempted after July 1, 1993, may appeal the exemption to the personnel appeals board.(2) When otherwise authorized, an employee in a nonexempt classification may appeal the failure to exempt the position to the personnel appeals board.[Stat…

(1) An appeal must be received in writing at the principal office of the personnel appeals board within 30 days after: (a) The effective date of the disciplinary or dismissal for abandonment action (WAC 358-20-010); (b) notification of disability separation (WAC 358-20-010); (c) …

(1) As prescribed by RCW 34.04.080, any interested party may petition the personnel appeals board for a declaratory ruling with respect to the applicability to any person, property or state of facts of any statute or rule enforceable by the personnel appeals board. The petition m…

Under exceptional circumstances, the board may waive any of these procedural rules, other than a rule relating to jurisdiction, for any party not represented by legal counsel where necessary to avoid manifest injustice.[Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). W…

(1) Upon receipt of an appeal, the executive secretary of the personnel appeals board or designee will acknowledge receipt of the appeal, send a copy to the other affected parties, and, when applicable, request a copy of the action letter and supporting documentation from the app…

(1) When an appeal is filed pursuant to WAC 358-20-020, the respondent may move for an order requiring the appellant to provide any information required by subsections (2) and (3) of WAC 358-20-040 which does not appear in the appeal documents and/or to make the allegations suffi…

The personnel appeals board may appoint one or more hearings examiners to conduct mediation, preside at prehearing conferences, and/or preside at hearings and make recommended decisions in accordance with rules established by the personnel appeals board in all cases of employee a…

(1) Following a review by the director of the department of personnel or designee and within thirty calendar days of the date of service of the director's determination, either party may appeal an allocation or reallocation determination to the board. The appeal shall be in writi…

(1) Purpose. The board finds that a mediation process, in which the parties, through an independent mediator, seek a settlement of their disputes in good faith, offers an opportunity early in the appeals process to settle disputes with less cost and time, and to the satisfaction …

(1) The board, the executive secretary, or the hearings examiner may direct the parties or their representatives to engage in a prehearing conference or conferences to consider the following:(a) Simplification or limitation of issues;(b) The possibility of obtaining stipulations,…

Mediation conferences, settlement conferences, hearings on motions, and full hearings may be conducted by telephone or other electronic media with the consent of the parties.[Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). WSR 95-07-074, § 358-30-028, filed 3/15/95, ef…

(1) Hearings on all appeals shall be open to the public unless the personnel appeals board or hearings examiner determines there is substantial reason for not having an open hearing, or the employee so requests.(2) The hearing shall be informal. Technical rules of evidence shall …

Any party to a hearing may make a motion to continue the hearing for good cause shown. Any such motion shall be in writing directed to the person or persons who will be conducting the hearing. The motion shall state the specific reasons a continuance is necessary and shall be fil…

(1) The moving party shall schedule motions by noting them on the board's motions calendar pursuant to WAC 358-01-044 or by scheduling them with the hearings examiner if one has been assigned. Except as otherwise provided in a prehearing conference statement or order or as otherw…

(1) Any party to a hearing before the board who desires to submit, or when the board or designee requests all parties to submit, a prehearing statement, prehearing brief, or written argument shall provide such documents to the board and to each opposing party no later than three …

(1) At the conclusion of a hearing, a hearings examiner or the personnel appeals board may require post-hearing briefs.(2) A hearings examiner may affirm, reverse or modify an action of an agency.(3) The personnel appeals board may affirm, reverse or modify the action of an agenc…

(1) The personnel appeals board, or a hearings examiner, may decide all, or any part, of an appeal by motion, after notice to all parties, if the documents on file, depositions and affidavits, if any, show there is no genuine issue as to any material fact and the appeal should be…

(1) A hearings examiner shall serve his/her recommended decision, including findings of act, conclusions of law, and order, upon the personnel appeals board and upon each party and representative as soon as possible after conclusion of the hearing. Service to the employing agency…

(1) The hearing by the personnel appeals board on exceptions from a recommended decision of a hearings examiner shall be limited to the contentions set forth in the notice of exceptions unless the board itself chooses to review other matters.(2) The personnel appeals board will i…