WAC
356-26-010 Registers--Responsibility--Duration--Maintenance.
356-26-020 Registers--Appointments--How made.
356-26-030 Register designation.
356-26-040 Registers--Name removal for cause--Grounds enumerated--Requirements.
356-26-050 Certification--Requests for.
356-26-060 Certification--General methods.
356-26-070 Certification--Registers--Order of rank--Exception.
356-26-075 Certification--Registers--Exception--Agencies merging.
356-26-080 Certification--Exhausted registers--Procedure.
356-26-090 Certification--Underfill.
356-26-100 Certification--Local areas--Conditions.
356-26-110 Certification--Actions required.
356-26-120 Certification--Errors--Correction.
356-26-130 Certification--Selective--When permitted.
356-26-140 Background check requirements--Department of social and health services.
WAC 356-26-010 Registers--Responsibility--Duration--Maintenance. (1) The establishment, maintenance, and adequacy of all ranked and unranked registers shall be the responsibility of the director of personnel.
(2) A person's standing on a register shall be measured from the date that person's name is placed on the register.
(3) Each register shall indicate the person's geographic availability, available information on affected group status, and other appropriate considerations as determined by the director of personnel.
(4) The director of personnel may, as requested, designate agency personnel officers to act as agents of the department of personnel for the purposes of establishing and/or maintaining ranked and unranked local list registers unique to the employing agency and certifying names therefrom under these rules. The director of personnel will be responsible for establishing the necessary procedures which shall include monitoring agency activity. Applicants shall have appeal rights to the director in accordance with all other provisions of the rules.
[Statutory Authority: RCW 41.06.150. 99-05-043, § 356-26-010, filed 2/12/99, effective 4/1/99; 87-02-038 (Order 267), § 356-26-010, filed 1/2/87; Order 77, § 356-26-010, filed 5/7/75; Order 36, § 356-26-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-320.]
WAC 356-26-020 Registers--Appointments--How made. (1) When a vacancy occurs, the appointing authority may appoint any person referred from the register maintained for that class of position after making reference to lists of employees who have been officially notified they are scheduled for reduction in force.
(2) Requests for appointments from unranked registers will be made on the prescribed form and forwarded to the director together with a completed official application. The director shall ascertain that the appointment was made from the appropriate register and will notify the agency of approval or disapproval of appointment.
[Order 36, § 356-26-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-290.]
WAC 356-26-030 Register designation. (1) Agency reduction in force.
(a) Composition.
(i) The agency reduction in force register will consist of classes and the names of all employees who hold or have held permanent status in those classes and: (A) Have been notified they are scheduled for reduction in force; or (B) held permanent status prior to separation due to a reduction in force; or (C) who have accepted a voluntary demotion in a class in lieu of a reduction in force; or (D) were in a trial service period with another department and separated due to reduction in force; or (E) employees requesting to be placed on this register for classes held immediately prior to the position being reallocated downward; or (F) who were separated due to disability within the last year as provided in WAC 356-35-010 and who have submitted to the director of personnel a current statement from a physician or licensed mental health professional that they are physically and/or mentally able to perform the duties of the class for which the register is established.
(ii) The employee’s name shall appear for all classifications for which he/she is not disabled in which he/she held permanent status since the employee’s last separation other than a reduction in force, or in which he/she served more than six months on a position which would have meant permanent status had it been under the jurisdiction of the board at the time.
(b) Method of ranking.
(i) This register will be ranked according to seniority.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for three years.
(d) Special provisions.
(i) Employees appointed from this register will assume the same status they held prior to the reduction in force. Persons on this register will indicate the geographic areas in which they are available. Appointment of persons from this register to seasonal positions will be as provided in WAC 356-30-130.
(ii) An employee’s name shall not appear for classes at or below the range level of a class in which the employee is serving on a permanent full-time basis, except:
(A) When the employee has accepted an option beyond a reasonable commuting distance in lieu of separation due to reduction in force. The employee’s name may appear for classes at the same or lower range levels when the availability would return the employee back to his/her previous work location.
(B) When the employee has accepted a position in lieu of separation due to a reduction in force, in a different class series.
(C) Any other exceptions shall be approved by the director or designee.
(2) Service-wide reduction in force.
(a) Composition.
(i) This register will consist of the same names as the agency reduction in force register, except for those requesting to be on the agency reduction in force register following a reallocation downward.
(b) Method of ranking.
(i) This register will be ranked according to seniority.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for two years.
(d) Special provisions.
(i) Employees appointed from this register will assume the same status they held prior to the reduction in force. Persons on this register will indicate the geographic areas and departments for which they are available. Appointment of persons from this register to seasonal positions will be as provided in WAC 356-30-130.
(3) Dual-agency reversion.
(a) Composition.
(i) This register will contain the names of employees who while serving a trial service period in another agency or a higher education institution were either voluntarily or involuntarily reverted to their former class and status.
(b) Method of ranking.
(i) This register will be ranked according to total unbroken classified service.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for two years.
(d) Special provisions.
(i) This register refers to the agency from which promoted and the agency from which reverted. Employees appointed from this register will assume the status they held prior to promotion. Persons on this register will indicate the geographic area in which they are available.
(4) Agency promotional.
(a) Composition.
(i) This register will be established by appropriate classes for each agency and shall include the names of those current permanent employees of each agency who have served six months of a probationary period, or past permanent employees who have been separated due to reduction in force within the last year and who have received a passing final grade in the total promotional examination and are eligible to be certified. The names of past permanent employees who were separated due to disability within the last year as provided in WAC 356-35-010 shall also be included on this register provided that they submit to the director of personnel a statement from a physician or licensed mental health professional that they are physically and/or mentally able to perform the duties of the class for which the register is established and they have received a passing final grade as required for other promotional applicants. The names of employees in the department of social and health services who have been separated from their position, voluntarily or involuntarily due to a background check disqualification, except through disciplinary action, shall also be included on this register in accordance with subsection (4)(d)(ii) of this section.
(b) Method of ranking.
(i) This register shall be ranked according to final score from the highest to the lowest.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for an indefinite period unless replaced by a register established by the use of a substantially new examination.
(d) Special provisions.
(i) An employee may convert any current open competitive rating to this register after six months.
(ii) An employee in the department of social and health services who has been separated from their position, voluntarily or involuntarily due to a background check disqualification, except through disciplinary action, may request placement on this register. The employee must meet the desirable qualifications and pass a qualifying exam for classes that are at the same salary level or lower than the position from which he/she was separated. Employees appointed from this register shall be required to serve a trial service period for classes in which they have not held permanent status. For three years from the date of separation from the position requiring the background check, an employee:
(A) May apply and have his/her name remain on this register for the appropriate classes.
(B) Shall continue to accrue seniority.
(C) Will maintain promotional rights from the position requiring the background check.
Upon appointment from this register the employee’s name shall be removed from registers authorized by this subsection.
(5) Higher education reduction in force.
(a) Composition.
(i) This register shall contain the names of permanent employees ranked in order of seniority from higher education institutions or related boards laid off or scheduled for layoff and who have requested placement on this register. The employee’s name shall appear for all classifications or equivalent classifications for which the employee held permanent status.
(b) Method of ranking.
(i) This register will be ranked according to seniority.
(c) Life of the register.
(i) An eligible’s name will normally remain on this register for two years from the date of placement on the register.
(d) Special provisions.
(i) The employee must request placement on this register within thirty calendar days of the effective date of layoff or previously have requested placement on the inter-system employment register due to layoff. The employee may request placement on lower classes in the same class series or equivalent classes and must demonstrate the ability to meet the minimum qualifications and pass the qualifying examination for classes in which the employee has held permanent status, or lower classes in the same class series, or equivalent classes. Employees appointed from this register shall be required to complete a trial service period of six months.
(6) Service-wide reversion.
(a) Composition.
(i) This register will contain the names of employees who while serving a trial service period in another agency or higher education institution were either voluntarily or involuntarily reverted to their former class and status.
(b) Method of ranking.
(i) This register will be ranked according to total unbroken classified service.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for two years.
(d) Special provisions.
(i) This register refers to all agencies, except the two which are involved with the dual-agency transaction. Persons on this register will indicate the geographic areas and agencies for which they are available.
(7) Transfer.
(a) Composition.
(i) This register shall contain the names of all permanent employees who have submitted a request to be considered for transfer.
(b) Method of ranking.
(i) This register will be unranked.
(c) Life of register.
(i) An eligible’s name shall normally remain on this register for one year.
(d) Special provisions.
(i) To use this register, the employee must transfer either within the same class or the same pay range having the same salary range number.
(8) Voluntary demotion.
(a) Composition.
(i) This register shall contain the names of all permanent employees who have submitted a request for and are eligible under the rules to be considered for a voluntary demotion.
(b) Method of ranking.
(i) This register shall be unranked. However, employees subject to reduction in force shall have priority.
(c) Life of register.
(i) An eligible’s name shall normally remain on this register for one year.
(d) Special provisions.
(i) Employees appointed from this register to a class not previously held will serve a trial service period. All examination ratings for the class from which demoted shall be nullified; however, the employee may be elevated to the class from which demoted with permanent status without benefit of certification provided permanent status was achieved at the higher level.
(9) Service-wide promotional.
(a) Composition.
(i) This register shall contain the names of those permanent employees who have served six months of a probationary period or past permanent employees who have been separated due to reduction in force within the last year who have obtained a passing final grade in the total promotional examination. The names of past permanent employees who were separated due to disability within the last year as provided in WAC 356-35-010 shall also be included on this register provided that they submit to the director of personnel a statement from a physician or licensed mental health professional that they are physically and/or mentally able to perform the duties of the class for which the register is established and they have received a passing final score as required for other promotional applicants.
(b) Method of ranking.
(i) This register shall be ranked according to final score, from the highest to the lowest.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for an indefinite period unless replaced by a register established by the use of a substantially new examination.
(d) Special provisions.
(i) An employee may convert any current open competitive rating to this register after six months. Persons on this register will indicate the geographic areas and agencies for which they are available.
(10) Reemployment.
(a) Composition.
(i) This register shall contain the names of all past permanent employees who have submitted a request and an application for reemployment within five years from the date of separation, provided that the names of employees separated for cause while performing similar duties shall not be placed on this register except with the approval of the agency from which they were separated for cause. This register shall also contain the names of those employees who have been in reversion or reduction in force status and have been offered and declined employment. The director of personnel may extend the time during which an employee may apply for reemployment if the director of personnel has determined that a need for eligibles exists in a certain class and/or geographical area.
(b) Method of ranking.
(i) This register shall be unranked.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for two years.
(d) Special provisions.
(i) Persons reemployed from this register will serve a probationary period. The former employee may limit or enlarge upon his/her area of availability either by department or geographic area.
(11) Inter-system employment.
(a) Composition. This register shall contain the names of permanent classified employees at higher education institutions who have submitted an application and who have passed the required examination.
(b) Method of ranking. This register shall be ranked according to final passing score from the highest to the lowest.
(c) Life of register. An eligible’s name will normally remain on this register for one year.
(d) Special provisions. Employees appointed from this register will serve a six month trial service period.
(12) Open competitive.
(a) Composition.
(i) This register will contain the names of all persons who have passed the entrance examination.
(b) Method of ranking.
(i) This register shall be ranked by the final score.
(c) Life of register.
(i) An eligible’s name will normally remain on this register for one year unless changed by the director of personnel.
(d) Special provisions.
(i) Persons on this register will indicate the geographic areas for which they are available.
[Statutory Authority: RCW 41.06.150. 01-19-032, § 356-26-030, filed 9/13/01, effective 10/14/01; 98-19-034, § 356-26-030, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-10-008, § 356-26-030, filed 4/21/94, effective 5/31/94. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-088 (Order 421), § 356-26-030, filed 5/28/93, effective 7/1/93. Statutory Authority: RCW 41.06.150. 85-14-008 (Order 224), § 356-26-030, filed 6/24/85; 85-05-030 (Order 217), § 356-26-030, filed 2/15/85; 84-14-006 (Order 207), § 356-26-030, filed 6/22/84; 84-11-091 (Order 204), § 356-26-030, filed 5/23/84, effective 9/1/84; 83-01-115 (Order 179), § 356-26-030, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-26-030, filed 9/22/82; 81-20-060 (Order 161), § 356-26-030, filed 10/5/81; 80-13-047 (Order 147), § 356-26-030, filed 9/16/80; Order 58, § 356-26-030, filed 9/10/73; Permanent and Emergency Order 50, § 356-26-030, filed 10/19/72; Order 40, § 356-26-030, filed 12/10/71; Order 36, § 356-26-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-330, 356-16-340, 356-16-350, 356-16-360, 356-16-370, 356-16-380, 356-16-390, 356-16-400.]
WAC 356-26-040 Registers--Name removal for cause--Grounds enumerated--Requirements. (1) The director of personnel or designee may remove the name of an eligible from a register and/or certification for any of the following reasons:
(a) For any of the causes stipulated in the chapter on appeals (WAC 356-34-010).
(b) On evidence that the eligible cannot be located by the postal authorities.
(c) On receipt of a statement from the eligible declining an appointment and/or future interest in positions in that class.
(d) If a candidate from a reduction in force register or a dual agency reversion register has waived three offers of employment for a position in the class for which the register was established.
(e) If a candidate from a promotional or open competitive register has waived consideration three times for a position in the class for which the register was established.
(f) If an eligible fails to reply to a written inquiry as to availability after five days in addition to the time required to receive and return the inquiry.
(g) If an eligible accepts an appointment and fails to report for duty at the time and place specified without giving satisfactory reasons for the delay to the appointing authority.
(h) If an eligible was certified and reported "not satisfactory" on three occasions or if the eligible was certified and the appointing authority reported the eligible "considered but not appointed" on four separate occasions, or if the appointing authority reports either "not satisfactory" or "considered but not appointed" for a total of four times. The director of personnel or designee will monitor all name removals for adverse effect and/or disparate treatment of affected group members. If a candidate is removed from a register for this reason, that candidate is not eligible to reapply for that same job class for one year.
(i) If an open competitive eligible indicates availability in a specific geographic area and subsequently refuses referral or appointment to a position in that area.
(j) If the appointing authority reports that the eligible was offered employment but could not comply with the personal identification and work authorization requirements of the federal Immigration Reform and Control Act (I.R.C.A.).
(k) If an applicant/employee has been determined to be ineligible to be employed in a covered position in accordance with WAC 356-30-012, the applicant/employee’s name may be removed from any referral for a covered position and/or any register where all positions in that classification are covered positions.
(2) The director of personnel or designee shall notify the eligible of this action and the reasons therefore by mail to the last known address, except in those cases in subsection (1)(b) or (c) of this section. The director of personnel or designee will advise the eligible of the right to appeal.
(3) An eligible’s name shall be reinstated on the register upon showing of cause satisfactory to the director of personnel or in accordance with the decision of the board upon appeal.
[Statutory Authority: RCW 41.06.150. 02-03-062, § 356-26-040, filed 1/10/02, effective 3/1/02; 01-17-082, § 356-26-040, filed 8/16/01, effective 9/16/01; 00-10-026, § 356-26-040, filed 4/24/00, effective 6/1/00; 98-19-034, § 356-26-040, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-02-040 (Order 414), § 356-26-040, filed 1/5/93, effective 2/1/93; 91-13-041 (Order 375), § 356-26-040, filed 6/14/91, effective 8/1/91. Statutory Authority: RCW 41.06.150. 87-13-072 (Order 279), § 356-26-040, filed 6/17/87, effective 8/1/87; 87-02-038 (Order 267), § 356-26-040, filed 1/2/87; 85-21-113 (Order 237), § 356-26-040, filed 10/23/85, effective 12/1/85. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-26-040, filed 9/22/82; 81-13-030 (Order 157), § 356-26-040, filed 6/15/81; Order 87, § 356-26-040, filed 5/4/76, effective 6/5/76; Order 81, § 356-26-040, filed 8/21/75, effective 9/21/75; Order 76, § 356-26-040, filed 3/31/75; Order 36, § 356-26-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-410.]
WAC 356-26-050 Certification--Requests for. (1) Requests for certification will be submitted in the prescribed manner by the appointing authority to the director when filling vacancies in existing or newly allocated positions. Such requests shall constitute assurance to the director that funds are available for filling vacancies for which registers are requested.
(2) No permanent or probationary appointment to a classified position shall be made without prior authorization by the director or designee.
(3) No certification may be cancelled except for reasons filed with and approved by the director.
[Statutory Authority: RCW 41.06.150. 88-18-096 (Order 308), § 356-26-050, filed 9/7/88, effective 11/1/88; Order 40, § 356-26-050, filed 12/10/71; Order 36, § 356-26-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-010.]
WAC 356-26-060 Certification--General methods. Upon receipt of a request for certification, the director of personnel shall normally certify to the appointing authority a list of names equal in number to six more than there are vacancies to be filled from the ranked registers except:
(1) One name will constitute a complete certification when referrals are made from the agency reduction in force register, the service-wide reduction in force register, or the dual agency reversion register. When an appointing authority requests a selective certification for specialized qualifications, the eligible candidate must meet the selective criteria in order to be referred to the position, provided:
(a) The criteria were approved when the position was established, reallocated, or last filled; or
(b) The specialized qualifications were previously required for a classification that was later merged with other classifications that did not require them; or
(c) It has been determined that the position involves new duties that would warrant future selective certification. Such selective criteria shall not be applied for certification purposes until six months after the department of personnel approves the selective criteria for the position.
(d) In the case of (a), (b), or (c) of this subsection, the director of personnel or designee must determine that the specialized qualifications are still required for successful job performance and cannot be learned within a reasonable length of time.
(2) The names of candidates from the same register who have the same score as the lowest score to be certified will also be certified.
(3) An unranked register may be used to complete a certification. An agency may request the transfer, reemployment, and/or voluntary demotion register(s) to complete a certification. In such cases, all names appearing on the specified register shall be certified. Subsequent unranked registers shall not be used until the certification is again incomplete.
(4) When the vacancy to be filled is identified as part of an agency's affirmative action goals as established by their approved affirmative action plan, the director of personnel may, except where there are employees on the reduction in force register, refer up to three additional names per vacancy of individuals who are on existing registers and who are persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age forty and above. More than three additional names per vacancy will be certified if there are eligibles in these categories with the same score as the lowest score to be certified. This action may be taken when necessary to comply with the best standards of personnel administration as contemplated by chapter 41.06 RCW.
Prior to the utilization of this subsection, the agency shall determine if there are eligibles in these categories on the existing registers. If there are fewer than three such eligibles on the register, the agency shall:
(a) Appoint one of the eligibles from the register; or
(b) Request assistance from the department of personnel in completing the certification. The department of personnel and the agency will then initiate targeted recruitment.
(5) When one or more of the following conditions exist, the director of personnel or designee may certify a sufficient number of names to assure that the requesting agency has not less than seven names available for consideration:
(a) The position is in an isolated or undesirable location.
(b) The position has undesirable working conditions.
(c) The agency needs to fill several positions in the class.
(d) One or more agencies have had difficulty filling positions in the class.
(e) The director of personnel or designee determines that such certification is necessary to provide the requesting agency with efficient service.
If such certification contains seven or more available promotional candidates, agencies shall appoint from the promotional candidates.
(6) Permanent employees certified from a ranked register for consideration of appointment shall be notified by the agency at the time of the referral. Upon appointment the agency shall advise those employees certified but not appointed of the action taken.
[Statutory Authority: RCW 41.06.150. 02-15-044, § 356-26-060, filed 7/11/02, effective 9/1/02; 99-05-043, § 356-26-060, filed 2/12/99, effective 4/1/99. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 356-26-060, filed 9/22/93, effective 10/23/93; 93-08-048 (Order 416), § 356-26-060, filed 4/2/93, effective 5/3/93; 91-02-030 (Order 366), § 356-26-060, filed 12/24/90, effective 2/1/91; 90-12-022 (Order 348), § 356-26-060, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 87-24-025 (Order 284), § 356-26-060, filed 11/24/87, effective 1/1/88; 87-02-038 (Order 267), § 356-26-060, filed 1/2/87; 86-21-114 (Order 261), § 356-26-060, filed 10/20/86, effective 12/1/86; 85-23-048 (Order 238), § 356-26-060, filed 11/18/85. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-26-060, filed 9/22/82; 81-20-060 (Order 161), § 356-26-060, filed 10/5/81; 81-03-017 (Order 151), § 356-26-060, filed 1/12/81. Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), § 356-26-060, filed 3/14/80. Statutory Authority: RCW 41.06.150(17). 79-12-072 (Order 138), § 356-26-060, filed 11/30/79, effective 1/1/80; 79-11-046 (Order 136), § 356-26-060, filed 10/15/79, effective 1/1/80; Order 112, § 356-26-060, filed 11/7/77; Order 96, § 356-26-060, filed 12/10/76 and 12/20/76; Order 77, § 356-26-060, filed 5/7/75; Order 68, § 356-26-060, filed 6/25/74; Order 66, § 356-26-060, filed 5/28/74; Order 56, § 356-26-060, filed 6/25/73; Order 54, § 356-26-060, filed 4/26/73; Order 36, § 356-26-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-020.]
WAC 356-26-070 Certification--Registers--Order of rank--Exception. The director of personnel will normally certify names from the registers in the following order:
(1) Agency reduction in force register.
(2) Service-wide reduction in force register.
(3) Dual-agency reversion register.
(4) Agency promotional register.
(5) Higher education reduction in force register.
(6) Service-wide reversion register.
(7) Transfer register.
(8) Voluntary demotion register.
(9) Service-wide promotional register.
(10) Reemployment unranked register.
(11) Inter-system employment register.
(12) Open competitive register.
However, if the director of personnel or agency designee with local list authority establish that it is in the best interest of the state to broaden the competition, agencies may request the director of personnel or agency designee to certify names combined from registers (4), (9), (11), and (12) provided:
(a) The written request to the director or agency designee shall be evidence of assurance that:
(i) Such a request will not harmfully affect utilization of affected group members who are applicants for this class.
(ii) If the position is within a collective bargaining unit, the exclusive representative has been provided a copy of the request.
(iii) That the request is in the best interest of the state and not solely intended to circumvent the policy of promotion from within the state as provided in WAC 356-30-150.
(b) Request for combined registers must be made on a position-by position or a class basis and prior to recruitment or referral.
[Statutory Authority: RCW 41.06.150. 99-05-043, § 356-26-070, filed 2/12/99, effective 4/1/99; 95-19-098, § 356-26-070, filed 9/20/95, effective 11/1/95. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-10-008, § 356-26-070, filed 4/21/94, effective 5/31/94. Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), § 356-26-070, filed 5/23/84, effective 9/1/84; 83-09-030 (Order 183), § 356-26-070, filed 4/15/83. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), § 356-26-070, filed 10/5/81; 79-12-072 (Order 138), § 356-26-070, filed 11/30/79, effective 1/1/80; Order 72, § 356-26-070, filed 1/30/75; Order 36, § 356-26-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-030.]
WAC 356-26-075 Certification--Registers--Exception--Agencies merging. When agencies, or portions of agencies are merging, the appointing authorities may request the director to certify affected employees of each agency as agency promotional provided:
(1) That the written request to the director shall specify:
(a) The agencies, or portions of the agencies, affected by the merger;
(b) The effective date of the merger;
(c) The affected employee organizations are notified in writing.
(2) The appointing authority shall notify the employees of the affected divisions or agencies as soon as possible following the written approval by the director.
(3) This section is not intended to modify any requirements contained in collective bargaining agreements.
[Statutory Authority: Chapter 41.06 RCW and 41.06.150. 93-22-081 (Order 433), § 356-26-075, filed 11/1/93, effective 12/2/93.]
WAC 356-26-080 Certification--Exhausted registers--Procedure. (1) While all names need not be taken from the same register, each register must be exhausted before using the next register.
(2) When there are fewer names than constitute a complete certification for the class, the director or agency designee with local list authority may substitute an allied series of registers if he/she determines the allied registers are sufficiently similar.
(3) When there are fewer names than constitute a complete certification for the class and no allied register is determined appropriate, the remaining names on all incomplete registers will be certified. However, an appointing authority may request a temporary appointment providing full and fair consideration has been given to those names certified, and the director or agency designee with local list authority determines that the person meets the announced qualifications and grants approval.
[Statutory Authority: RCW 41.06.150. 95-19-098, § 356-26-080, filed 9/20/95, effective 11/1/95; 88-18-096 (Order 308), § 356-26-080, filed 9/7/88, effective 11/1/88; Order 36, § 356-26-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-040.]
WAC 356-26-090 Certification--Underfill. (1) The director of personnel or agency designee with local list authority may authorize the underfilling of a position if a register does not have enough names for a complete certification following active recruiting. Upon such authorization, a certification shall be made from the next lower class in the series or an allied class as determined by the director or agency designee. Only the number of eligibles needed to complete the certification will be referred from the lower level class in the series or the allied class.
(2) Eligibles so certified shall be advised during the employment interview with the appointing authority of the underfill status of the appointment, which shall be confirmed in writing.
(3) An underfilled position shall not be certified against from a subsequently developed higher register unless: The employee does not successfully complete the probationary or trial service period or the employee does not qualify for the higher level class within four months after being admitted to the examination.
(4) Should the employee not qualify for promotion, the rules regarding transfer, promotion, demotion, or reduction in force shall apply.
[Statutory Authority: RCW 41.06.150. 95-19-098, § 356-26-090, filed 9/20/95, effective 11/1/95; 87-03-032 (Order 269), § 356-26-090, filed 1/14/87, effective 3/1/87; Order 36, § 356-26-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-044.]
WAC 356-26-100 Certification--Local areas--Conditions. The appointing authority may request and the director of personnel may designate, by agency, classes of positions for which only persons living in the area of a vacancy will be considered available for employment. Such classes shall be only those for which there is evidence to show that certification on a statewide basis constitutes a hindrance to efficient and economical hiring by the agency. If certification of at least seven names from the register for that class is not possible, certification shall be from eligibles who have indicated willingness for consideration in that geographic area.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 356-26-100, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 83-08-010 (Order 181), § 356-26-100, filed 3/25/83; Order 36, § 356-26-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-050.]
WAC 356-26-110 Certification--Actions required. The department of personnel shall be notified by the appointing authority of actions taken on certifications. The date of selection constitutes the closing of the referral; however, exceptions may be granted in unusual circumstances. Fair consideration must be given to all names certified.
The following actions are allowed and/or required:
(1) Appropriate appointment of one of the names certified.
(2) Request for additional names to replace names of eligibles who:
(a) Were considered, provided they were only from unranked registers.
(b) Waived consideration, which shall be confirmed by the director.
(c) Failed to reply within four days of notice to appear for consideration.
(d) Were not satisfactory for valid and pertinent reasons directly connected with the position as determined by the director from a written report by the appointing authority.
The preceding actions may be taken, provided the additional name or names do not cause the total number of names certified to exceed the number normally certified.
(3) Request for cancellation of the certification in accordance with WAC 356-26-050.
[Statutory Authority: RCW 41.06.150. 99-03-044, § 356-26-110, filed 1/15/99, effective 3/1/99; Order 40, § 356-26-110, filed 12/10/71; Order 36, § 356-26-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-070.]
WAC 356-26-120 Certification--Errors--Correction. (1) The director shall ensure that the proper actions have been taken and reported.
(2) In the event that a name is certified in error and the error is discovered before one of the named applicants is notified that he or she is appointed, the erroneous certification will be withdrawn and a correct certification made. If a certification is to fill more than one position, only that portion of it pertaining to positions for which applicants have not been notified that they are appointed will be withdrawn.
(3) In the event a name is certified in error and the error is discovered after one of the named applicants is notified that he or she is appointed but prior to the effective date of the appointment, the certification and appointment will be withdrawn as in subsection (2) of this section unless:
(a) Acceptance of the appointment caused the named applicant to change his or her place of residence.
(b) Acceptance of the appointment caused the named applicant to resign from a position that cannot be regained. When the named applicant is a state employee, the agency from which he or she resigned will reinstate the named applicant in his or her previous status.
(4) In the event a name is certified in error and the error is discovered after the effective date of the appointment of one of the named applicants, the director may revoke the appointment and make a proper certification of names. The error may be on the part of any party including erroneous information contained in the application.
(5) Falsification or misrepresentation of information on an application for employment will be cause to remove an applicant's name from the register. If the applicant has been appointed prior to the discovery of the falsification or misrepresentation, the director or the appointing authority may revoke the appointment during the probationary period. After the probationary period the appointing authority may dismiss the employee for cause pursuant to WAC 356-34-010.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-02-009 (Order 396), § 356-26-120, filed 12/20/91, effective 2/1/92. Statutory Authority: RCW 41.06.150. 89-02-010 (Order 311), § 356-26-120, filed 12/28/88, effective 2/1/89; Order 76, § 356-26-120, filed 3/31/75; Order 36, § 356-26-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-080.]
WAC 356-26-130 Certification--Selective--When permitted. An appointing authority may request a selective certification of eligibles who have specialized qualifications that are required for the successful performance of the duties of the position, and cannot be gained within the probationary or trial service period. This request must be made prior to certification.
If the director of personnel determines that the facts and reasons justify the request, the highest ranking eligibles who have the specialized qualifications shall be certified.
(1) Selective certification based on gender shall not be made without a bona fide occupational qualification approved by the human rights commission.
(2) The director of personnel may selectively certify eligibles who are filling project positions to fill permanent positions. Such selective certification shall apply only from names on an open competitive register.
(3) Selective certification of eligibles who possess an appropriate, valid motor vehicle operator’s license may be required for positions whose duties require specific driving skills.
[Statutory Authority: RCW 41.06.150. 02-03-063, § 356-26-130, filed 1/10/02, effective 3/1/02; 87-02-038 (Order 267), § 356-26-130, filed 1/2/87; 85-07-060 (Order 219), § 356-26-130, filed 3/20/85. Statutory Authority: RCW 41.06.150(17). 79-12-072 (Order 138), § 356-26-130, filed 11/30/79, effective 1/1/80; 79-11-046 (Order 136), § 356-26-130, filed 10/15/79, effective 1/1/80; Order 69, § 356-26-130, filed 9/30/74; Order 47, § 356-26-130, filed 6/14/72; Order 39, § 356-26-130, filed 9/15/71; Order 36, § 356-26-130, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-090.]
WAC 356-26-140 Background check requirements--Department of social and health services. (1) The department of social and health services shall conduct background checks on employees in covered positions and persons under final consideration for a covered position in accordance WAC 356-30-012.
[Statutory Authority: RCW 41.06.150. 02-07-050, § 356-26-140, filed 3/14/02, effective 5/1/02; 01-19-032, § 356-26-140, filed 9/13/01, effective 10/14/01. Statutory Authority: RCW 41.06.150 and chapters 43.43 and 72.23 RCW. 89-19-062 (Order 329), § 356-26-140, filed 9/20/89, effective 10/21/89. Statutory Authority: RCW 41.06.150. 87-06-024 (Order 271), § 356-26-140, filed 2/24/87.]