Q & A for Director's Reviews

Section 1: About a Director's Review

 

Section 2: Filing a Request for Review

 

Section 3:  Acknowledging a Request for Review

 

Section 4:  Director’s Review Process

 

Section 5:  Post Review Actions

 

Section 6:  Filing Exceptions

 

 

 

1.  About a Director’s Review

 

What is a Director’s review?
Upon request, the State HR Director may review certain actions taken by a state agency or higher education institution.

 

 

Who initiates the Director’s review process?
In most cases, state employees, including higher education employees, initiate Director’s reviews.  
 

 

What actions may the Director review?
WAC 357-49-010 outlines the actions the Director may review. General service, nonrepresented employees may request a Director’s review for the following actions: 

1. If the Office of the State HR Director (OSHRD) is responsible for the assessment process, an applicant or candidate may request a director's review of his/her examination results or the removal of his/her name from an applicant or candidate pool. (WAC 357-16-175)
2. Removal of an individual’s name from a layoff list. (WAC 357-46-145)
3. Allocation or reallocation decisions made by an employer. (WAC 357-13-080)
4. The performance evaluation process or procedure used by an employer. (WAC 357-37-080)
5. Alleged violation of the civil service laws or rules except allegations arising from the development and adoption of the classification plan or allegations of violation of civil service laws or rules pertaining to layoff. (WAC 357-49-010(4))
6. Requests for remedial action. (WAC 357-19-430 or WAC 357-19-450)

 

Are there any actions for which a represented employee may request a Director’s review?
In some cases (primarily allocation reviews), represented employees may be able to request a Director’s review. However, represented employees should consult with their union representatives regarding questions about represented employees filing Director’s review requests.

 

 

When are Director’s reviews part of the Personnel Resources Board’s appeal process?
Director’s reviews are considered the first step of the appeal process for the following:

1. Removal of an individual’s name from a layoff list;
2. Allocation or reallocation;
3. Alleged violation of civil service law or rules; and
4. Remedial action requests.

Director’s review decisions may be appealed to the Personnel Resources Board in accordance with Chapter 357-52 WAC.

 

 

 

2.  Filing a Request for Review

 

Director’s review requests must be filed with the OSHRD in accordance with Chapter 357-49 WAC and must include the information required by WAC 357-49-015.

 

 

What information must be included in a Director’s review request?
Review requests must include:

• The name and address of the individual filing the request.
• The name of the employer whose action is the basis for the review request;
• A current, daytime telephone number of the individual making the request;
• A short statement describing the reason for the request;
• For rule violation reviews, cite the specific sections of the state civil service law (Ch. 41.06 RCW) or rules (Title 357 WAC) that you claim have been violated;
• For allocation reviews, list the current job classification or position of the employee and the classification or position believed to better describe the employee’s duties;
• For allocation reviews, also attach a copy of the employer’s determination letter.

 

Is there a form available for filing a request for a Director’s review?
Yes. Click here for the Director's Review Request form. You may also contact your employer’s Human Resources Office or the Director’s Review Program at (360) 664-0388 for a printed copy of the form.

 

 

Am I required to use the DOP Director’s review request form?
No. But you are required to provide the information listed in WAC 357-49-015.

 

 

Where do I file a request for a Director’s review?
Director’s review requests may be mailed or hand-delivered to the following address:

 

     Office of the State HR Director (OSHRD)
     Director’s Review Program
     Insurance Building
     302 Sid Snyder Ave SW
     PO Box 40911
     Olympia, WA  98504-0911

 

 

Are Director’s reviews accepted by facsimile (fax)?
Yes. You may fax a Director’s review request to fax number (360) 586-4694. However, a hard copy should also be sent by mail. The individual faxing the request is responsible for ensuring the fax transmittal is properly sent and received.

 

 

Are Director’s reviews accepted by email?
No. After a Director’s review has been acknowledged, the parties may, however, correspond by e-mail with the Director’s Review Program staff.

 

 

What happens after the OSHRD receives my request for a Director’s review?
Your request will be reviewed to ensure the request is filed on time (WAC 357-49-010) and that all the required information has been provided. If information is missing or the basis for the request is not clear, you will receive a letter asking you to provide additional information. If you don’t provide the information within the timeframe stated in the letter, your request may be dismissed.

 

 

 

3.  Acknowledgement of a Request for Review

 

What happens when I’ve submitted all the required information?
Your request will be assigned a case number. You and the employer that took the action will receive a letter from DOP acknowledging receipt of your request and providing the case number assigned to the request. 

 

 

 

4.  Director’s Review Process

 

Who conducts the Director’s Review?
A Director’s designee or investigator will conduct the review by investigating all of the information in the file and, in some cases, requesting additional information from the parties.

 

 

How are reviews conducted?
The Director’s designee or investigator may:

• Review written documentation submitted by the parties;
• Schedule a telephone conference call with the parties;
• Talk to you and the employer separately to confirm that all the information needed to make a decision has been received;
• Schedule a Director's review meeting;
• Determine that the request is untimely or that DOP lacks jurisdiction, based on the documents filed.
• Use a combination of these processes. 

 

Who decides how the review will be conducted and how will I know how the review is being conducted?
The Director’s designee decides how to conduct the review. You will be notified of the review process by telephone, email, or written correspondence.  

 

 

Can I submit documents in support of my review request to the Director’s designee?
Yes, you may submit relevant documents to the Director’s designee. These documents are also referred to as exhibits. Whenever you provide documents to the Director’s designee, you must also provide a copy to the employer’s representative. 

 

For allocation and reallocation reviews, see Process for a Director's Review of an Allocation. 

 

For other types of reviews, including law or rule violations or remedial action reviews, you may submit your documents directly to the Director’s designee. Please remember to provide copies of your documentation to your HR representative as well. 
 

  

5.  Post-review Actions

 

How are determinations issued?
Director’s determinations are issued in writing. A copy will be mailed to you and to the employer who took the action that is under review.

 

 

What can I do if I disagree with the determination?
The Director’s review is the first step in the appeal process. Either party may appeal the Director’s determination by filing written exceptions with the Personnel Resources Board. The Director’s determination will inform you whether or not you have this right and will provide you with the address where your exceptions appeal must be filed. This information can also be found in WAC 357-49-017  and
WAC 357-49-018.

 

6.  Filing Exceptions

 

How do I file an exceptions appeal with the Personnel Resources Board?
Exceptions appeals must be filed with the Board in accordance with Chapter 357-52 WAC and must include the information required by WAC 357-52-020. 

 

 

Is there a form available for filing exceptions?
Yes. Click here for the PRB form. You may also contact the Human Resources Office at your place of employment or the Personnel Resources Board at (360) 664-0388 for a printed copy of the form.

    

 

DISCLAIMER: This document is for informational purposes only and is not intended to be binding on the State HR Director or staff or of the Personnel Resources Board. This information is for unrepresented state employees; however, it may apply to represented employees as well. Represented employees are advised to contact their union to determine whether they have the right to request a Director’s review. For more information on the Director’s Review process, please refer to Chapter 357-49 WAC.  For more information on the Board’s appeal process, please refer to Chapter 357-52 WAC.