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1. About a director's review

2. Filing a request for review

3. Acknowledging a request for review

4. Director’s review process

5. Post review actions

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. Removal of an individual’s name from a layoff list. (WAC 357-46-145)
2. Allocation or reallocation decisions made by an employer. (WAC 357-13-080)
3. The performance evaluation process or procedure used by an employer. (WAC 357-37-080)
4. 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 do director’s reviews become 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; and
3. 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 SHR 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?

Director's 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 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?

You can find the online form and the paper form here.

You may also contact your employer’s human resources office or the Director’s Review Program at (360) 407-4101 for a printed copy of the form.

Am I required to use the OFM director’s review request form?

No. But you are required to provide the information listed in WAC 357-49-015.

How do I file a request for a director’s review?

• The best way is to file online.
• You may fax the printed request to 360-586-4694. The individual faxing the request is responsible for ensuring the fax transmittal is properly sent and received.
• You may hand-deliver by appointment (call 360-407-4101) to the director's review Program, Raad Building, 128 10th Avenue SW, Olympia, Washington.
• You may mail your request to:  director's review Program, PO Box 40911, Olympia, WA 98504-0911

What happens after the SHR 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 an email or 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 the Director's Review Program acknowledging receipt of your request and providing the case number assigned to the request, along with timelines for exhibit submission.

4. Director’s review process

Who conducts the director’s review?

A director’s designee will conduct the review by reviewing 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 may:

• review documentation submitted by the parties;
• Schedule a 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;
• Send follow-up questions in writing to be answered by the parties;
• Determine that the request is untimely or that SHR lacks jurisdiction, based on the documents filed and send notice of dismissal;
• 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 referred to as exhibits, and you will be instructed how to submit them when you receive your case number. 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, 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 you have this right and will provide you with instructions on filing an appeal. 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. You will find the form on the PRB website. You may also contact the Human Resources Office at your place of employment or the Personnel Resources Board at (360) 407-4101 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 Personnel Resources Board’s appeal process, please refer to Chapter 357-52 WAC.