WAC
251-04-010 Purpose.
251-04-030 Scope.
251-04-035 Exemptions.
251-04-060 Director.
251-04-070 Personnel officers.
251-04-100 Computation of time.
251-04-105 Method and completion of service.
251-04-110 Filing with board.
251-04-160 Federal preemption--Fair Labor Standards Act.
251-04-170 Americans with Disabilities Act of 1990--Federal and state preemption.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
251-04-005 State Environmental Policy Act. [Order 56, § 251-04-005, filed 1/14/77, effective 2/14/77.]Repealed by Order 63, filed 11/22/77.
251-04-020 Definitions. [Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-04-020, filed 2/28/86, effective 4/1/86; 86-03-081 (Order 143), § 251-04-020, filed 1/22/86, effective 3/1/86; 85-20-049 (Order 136), § 251-04-020, filed 9/25/85; 85-16-038 (Order 134), § 251-04-020, filed 7/31/85, effective 9/1/85; 85-04-019 (Order 123), § 251-04-020, filed 1/30/85; 84-22-021 (Order 121), § 251-04-020, filed 10/31/84, effective 12/1/84; 84-16-067 (Order 119), § 251-04-020, filed 7/31/84; 84-10-058 (Order 116), § 251-04-020, filed 5/2/84; 84-06-035 (Order 112), § 251-04-020, filed 3/2/84; 84-02-042 (Order 110), § 251-04-020, filed 12/30/83, effective 2/1/84; 83-10-029 (Order 105), § 251-04-020, filed 4/29/83, effective 6/1/83; 83-07-056 (Order 104), § 251-04-020, filed 3/22/83, effective 4/25/83; 82-16-002 (Order 98), § 251-04-020, filed 7/22/82, effective 9/1/82; 82-04-069 (Order 93), § 251-04-020, filed 2/3/82; 81-24-019 (Order 92), § 251-04-020, filed 11/24/81, effective 1/1/82; 81-15-003 (Order 88), § 251-04-020, filed 7/2/81; 80-08-073 (Order 84), § 251-04-020, filed 7/2/80; 78-06-068 (Order 68), § 251-04-020, filed 5/25/78, effective 7/1/78; Order 63, § 251-04-020, filed 11/22/77; Order 61, § 251-04-020, filed 8/30/77, effective 10/1/77; Order 52, § 251-04-020, filed 2/26/76, effective 3/29/76; Order 51, § 251-04-020, filed 1/20/76; Order 46, § 251-04-020, filed 9/19/76; Order 37, § 251-04-020, filed 10/15/74; Order 25, § 251-04-020, filed 7/17/73; Order 21, § 251-04-020, filed 5/24/73; Order 19, § 251-04-020, filed 12/20/72; Order 12, § 251-04-020, filed 5/23/72, effective 6/25/72; Order 8, § 251-04-020, filed 6/17/71, effective 7/19/71; Order 4, § 251-04-020, filed 2/19/71; Order 3, § 251-04-020, filed 1/15/71; Order 2, § 251-04-020, filed 3/12/70; Order 1, § 251-04-020, filed 9/15/69.]Repealed by 86-09-078 (Order 147), filed 4/22/86. Statutory Authority: RCW 28B.16.100. Later promulgation, see chapter 251-01 WAC.
251-04-040 Exemptions. [Statutory Authority: RCW 41.06.150. 98-19-035, § 251-04-040, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and 41.06.150. 94-16-049, § 251-04-040, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 41.06.040 and 41.06.150. 94-02-031, § 251-04-040, filed 12/29/93, effective 2/1/94; 93-19-147 (Order 432), § 251-04-040, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 28B.16.100. 90-17-037, § 251-04-040, filed 8/10/90, effective 10/1/90; 90-06-023, § 251-04-040, filed 2/28/90, effective 4/1/90. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, § 251-04-040, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-04-040, filed 6/21/89, effective 10/1/89; 88-15-023 (Order 170), § 251-04-040, filed 7/12/88; 88-02-017 (Order 164), § 251-04-040, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), § 251-04-040, filed 1/2/87, effective 2/1/87; 84-16-067 (Order 119), § 251-04-040, filed 7/31/84; 82-16-002 (Order 98), § 251-04-040, filed 7/22/82, effective 9/1/82; 82-04-069 (Order 93), § 251-04-040, filed 2/3/82; 78-10-090 (Order 70), § 251-04-040, filed 9/29/78, effective 11/1/78; Order 64, § 251-04-040, filed 12/23/77, effective 1/23/78; Order 63, § 251-04-040, filed 11/22/77, effective 12/22/77; Order 61, § 251-04-040, filed 8/30/77, effective 10/1/77; Order 10, § 251-04-040, filed 12/16/71; Order 4, § 251-04-040, filed 2/19/71; Order 1, § 251-04-040, filed 9/15/69.] Repealed by 02-15-050, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-04-045 Exempt conversion appeals. [Permanent and Emergency Order 50, § 251-04-045, filed 1/20/76.]Repealed by Order 61, filed 8/30/77, effective 10/1/77.
251-04-050 Powers--Duties of the board. [Statutory Authority: RCW 41.06.150. 98-19-035, § 251-04-050, filed 9/10/98, effective 10/12/98; 96-11-063, § 251-04-050, filed 5/10/96, effective 6/6/96; 95-19-055, § 251-04-050, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-04-050, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 28B.16.100. 86-09-077 (Order 149), § 251-04-050, filed 4/22/86, effective 6/1/86. Statutory Authority: Chapter 28B.16 RCW. 85-20-048 (Order 135), § 251-04-050, filed 9/25/85, effective 11/1/85. Statutory Authority: RCW 28B.16.100. 84-12-047 (Order 117), § 251-04-050, filed 6/1/84; 82-16-002 (Order 98), § 251-04-050, filed 7/22/82, effective 9/1/82; Order 61, § 251-04-050, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-050, filed 9/15/69.] Repealed by 04-15-020, filed 7/8/04, effective 8/8/04. Statutory Authority: RCW 41.06.150.
251-04-150 State Environmental Policy Act. [Order 61, § 251-04-150, filed 8/30/77, effective 10/1/77.]Repealed by 98-19-035, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
WAC 251-04-010 Purpose. (1) The interests of state higher education institutions and the employees of those institutions will be furthered by the enactment of a system of personnel administration designed specifically to meet particular needs in connection with employer-employee relations. The general purpose of this chapter is to establish a system of personnel administration for the state higher education institutions which is based on merit principles and scientific methods.
(2) In the development of rules consistent with the purposes set forth in WAC 251-04-010(1), the following merit principles shall be guiding:
(a) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointments;
(b) Providing equitable and adequate compensation;
(c) Training employees, as needed, to assure high-quality performance;
(d) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
(e) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and
(f) Assuring that employees are protected against coercion for partisan political purposes.
[Order 61, § 251-04-010, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-010, filed 9/15/69.]
WAC 251-04-030 Scope. The provisions of these rules shall apply to all personnel of the higher education institutions/related boards except those exempted under the provisions of WAC 251-04-035. These rules and the compensation and classification plans adopted hereunder shall continue to apply as before and shall not be used interchangeably with Title 356 WAC. Further, these rules and compensation and classification plans shall continue to apply as before until such time as the director has had adequate time to review and consider changes to the existing rules and plans.
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-04-030, filed 7/8/04, effective 8/8/04; 98-19-035, § 251-04-030, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-04-030, filed 9/22/93, effective 10/23/93; Order 61, § 251-04-030, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-030, filed 9/15/69.]
WAC 251-04-035 Exemptions. The provisions of this chapter do not apply to positions listed in RCW 41.06.070 and to the following:
(1) The executive director, his/her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges.
(2) The following definitions are hereby established as the criteria for identifying positions occupied by student, part-time or temporary employees, and part-time professional consultants that are exempt from the provisions of this chapter.
(a) Students employed by the institution at which they are enrolled (or related board) and who either:
(i) Work five hundred sixteen hours or less in any six consecutive months, exclusive of hours worked in a temporary position(s) during the summer and other breaks in the academic year, provided such employment does not take the place of a classified employee laid off due to lack of funds or lack of work; or fill a position currently or formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer;
(ii) Are employed in a position directly related to their major field of study to provide a training opportunity; or
(iii) Are elected or appointed to a student body office or student organization position such as student officers or student news staff members.
(b) Students participating in a documented and approved programmed internship which consists of an academic component and work experience.
(c) Students employed through the state or federal work/study programs.
(d) Persons employed to work one thousand fifty hours or less in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later. Such an appointment may be subject to remedial action in accordance with WAC 251-12-600, if the number of hours worked exceeds one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, exclusive of overtime or work time as described in subsection (2)(a) of this section.
(i) Employees who are either exempt under WAC 251-04-035 (2)(d) or exceptions authorized under WAC 251-19-120(8), and who work more than three hundred fifty hours in any twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, exclusive of overtime or time worked under subsection (2)(a) of this subsection, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the public employment relations commission.
(e) Part-time professional consultants retained on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed on an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties.
[Statutory Authority: RCW 41.06.150. 03-22-003, § 251-04-035, filed 10/22/03, effective 1/1/04; 03-13-051, § 251-04-035, filed 6/12/03, effective 6/12/03.]
WAC 251-04-060 Director. The director of personnel is appointed by the governor under the provisions of RCW 41.06.130.
The director directs and supervises all the department of personnel's administrative and technical activities in accordance with the provisions of chapter 41.06 RCW and the civil service rules. The director is responsible to:
Adopt rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.
Audit and review the personnel administration and management at each agency, institution of higher education, and related higher education board periodically and at other such times as may be necessary.
Adopt and revise as necessary a comprehensive classification plan for all positions in the classified service. In adopting the revisions the director must comply with RCW 41.06.152, 41.06.150(4), and chapter 43.88 RCW.
Adopt and revise as necessary a state salary schedule in accordance with RCW 41.06.133(10).
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-04-060, filed 7/8/04, effective 8/8/04; 98-19-035, § 251-04-060, filed 9/10/98, effective 10/12/98; 95-19-099, § 251-04-060, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 92-20-043, § 251-04-060, filed 9/30/92, effective 11/1/92; Order 61, § 251-04-060, filed 8/30/77, effective 10/1/77; Order 51, § 251-04-060, filed 1/20/76; Order 1, § 251-04-060, filed 9/15/69.]
WAC 251-04-070 Personnel officers. (1) Each higher education institution/related board shall designate an officer who shall perform duties as personnel officer. The personnel officer shall direct, supervise, and manage administrative and technical personnel activities for the classified service consistent with policies established by the institution/related board and in accordance with the provisions of chapter 41.06 RCW and the rules and regulations approved and promulgated thereunder. Institutions may undertake jointly with one another to appoint a person qualified to perform the duties of personnel officer, provide staff and financial support and may engage consultants to assist in the performance of specific projects.
(2) The state board for community and technical colleges shall have general supervision and control over activities undertaken by the various state community colleges.
(3) Rules adopted by the director shall provide for local administration and management by the higher education institutions/related boards, subject to periodic audit and review by the director, of the following:
(a) Appointment, promotion, and transfer of employees.
(b) Dismissal, suspension, or demotion of employees.
(c) Examinations for all positions in the competitive and noncompetitive service.
(d) Probationary periods of six to twelve months and retention and rejections therein.
(e) Sick leaves and vacations.
(f) Hours of work.
(g) Layoffs when necessary and subsequent reemployment.
(h) Allocation and reallocation of positions within the classification plans.
(i) Training programs.
(j) Maintenance of personnel records.
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-04-070, filed 7/8/04, effective 8/8/04; 98-19-035, § 251-04-070, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-04-070, filed 7/22/82, effective 9/1/82; Order 61, § 251-04-070, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-070, filed 9/15/69.]
WAC 251-04-100 Computation of time. Periods of notice or periods of time within which acts are to be completed, as prescribed or allowed by these rules or by order of the board, shall be computed by excluding the first and including the last day unless specifically provided in these rules to the contrary. If the last day is a Saturday, Sunday or holiday, the act must be completed on the next business day, unless a period of notice is being computed and such Saturday, Sunday or holiday is a regularly scheduled workday for the employee.
[Order 61, § 251-04-100, filed 8/30/77, effective 10/1/77.]
WAC 251-04-105 Method and completion of service. Service of papers shall be made either personally, or by registered or certified mail, or by the electronic telefacsimile transmission and same-day mailing of copies, unless otherwise provided by law. Service upon parties shall be regarded as complete when personal service has been accomplished; or by mail, upon deposit in the United States mail, properly stamped and addressed to the last known address on file with the institution. Service by electronic telefacsimile transmission shall be regarded as complete upon confirmation of transmission by the telefacsimile device.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-20-025, § 251-04-105, filed 9/26/94, effective 11/1/94. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-04-105, filed 10/24/89, effective 12/1/89; Order 61, § 251-04-105, filed 8/30/77, effective 10/1/77.]
WAC 251-04-110 Filing with board. Papers required to be filed with the board shall not be deemed filed until actual receipt of the papers by the board at its headquarters in Olympia, Washington. All papers shall be filed at the office of the director, where the date of receipt shall be recorded on such papers.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-04-110, filed 10/24/89, effective 12/1/89; Order 61, § 251-04-110, filed 8/30/77, effective 10/1/77.]
WAC 251-04-160 Federal preemption--Fair Labor Standards Act. Institutions shall comply with the rules of the director (Title 251 WAC) unless doing so would cause them to violate the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-04-160, filed 7/8/04, effective 8/8/04; 98-19-035, § 251-04-160, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 28B.16 RCW. 91-13-011, § 251-04-160, filed 6/7/91, effective 6/7/91.]
WAC 251-04-170 Americans with Disabilities Act of 1990--Federal and state preemption. Institutions shall comply with the rules of the director (Title 251 WAC) unless doing so would cause them to violate state laws, chapter 49.60 RCW, or the federal Americans with Disabilities Act of 1990.
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-04-170, filed 7/8/04, effective 8/8/04; 98-19-035, § 251-04-170, filed 9/10/98, effective 10/12/98; 98-08-024, § 251-04-170, filed 3/20/98, effective 5/1/98.]