WSR 97-21-072



[Filed October 16, 1997, 9:55 a.m.]

Reviser's note: The following Rules Review Plan has been electronically generated directly from the agency and has not been through the usual editing and proofing processes.

University of Washington

Rule Review Progress Report 1997

(Per EO 97-02)

Executive Summary:

The first rule review action scheduled on the University of Washington's Rule Review Plan is slated for completion later this year in December 1997. This timetable has allowed the University to continue extensive rule-making and rules review activities already in progress at the time Executive Order 97-02 became effective in March 1997. This report, therefore, focuses on the University's accomplishments in meeting the goals of regulatory reform since Executive Order 97-02 became effective.

The University has completed the following rule-making actions within Title 478 WAC since March 1997:

Repeal of 57 rule sections;

Retention of 9 rule sections;

Amendment of 35 rule sections; and

Creation of 61 new rule sections.

A. Background

The University of Washington's Rule Review Plan, for Title 478 WAC rules, was based on the following factors.

1) In general, the University's rules are not considered significant legislative rules (per RCW 34.05.328) in that they do not have a significant effect on the state's businesses, labor, consumers, and environment. Moreover, the University does not anticipate reviewing any such significant legislative rules under the University's Rule Review Plan as any of the University's rules which might qualify have recently or are currently undergoing rule-making activity and review.

2) During the past five years, the University has not been subject to any petition for the review of its rules, which would otherwise indicate difficulty with any existing rules.

3) Nonetheless, during the past three years, the University's usual mode of rules review has resulted in 65% of all rule sections in Title 478 WAC having either received a review (with any subsequent rule making necessary) or are pending rule-making action at this time.

4) Given the University's current high level of rule-making activity, the University's Rule Review Plan commits this agency to review all Title 478 WAC rules which: a) have not been reviewed during the past three years as part of rule-making; or b) were not currently under review as part of rule-making activities as of September 1, 1997.

5) Because of the current rule-making activity, the University's Rule Review Plan does not include any completion dates prior to December 1997.

Consequently, this University of Washington Progress Report for 1997 will concentrate on those regulatory improvements which were in progress at the time Executive Order 97-02 took effect in March 1997, and which have since been completed.

B. Summary of Regulatory Reform Accomplishments

In rule-making activity since March 1997, the University of Washington repealed 57 rule sections, retained 9 rule sections, amended 35 rule sections, and created 61 new rule sections. There has been no decrease in the number of pages containing the University's rules. (See the attached Status Report table for details regarding each rule section). Specific actions during this time period were as follows:

1) The University updated all references to its U.S. mail addresses throughout Title 478 WAC at the same time rules governing indexing of and access to public records were being amended. This rule-making activity included repealing 2 rule sections, retaining 8 rule sections, amending 31 rule sections, and creating 1 new rule section in various chapters throughout Title 478 WAC. These changes became effective July 1997.

2) The University also revised its parking and traffic rules to accommodate the public -- for the first time breaking this chapter of the code into seven separate parts to better identify the multitude of topics covered. In order to accomplish this division of the code into clear, identifiable parts, 55 rule sections were repealed, 1 rule section was retained, 4 rule sections were amended, and 60 new rule sections were created. This complete revision of chapter 478-116 WAC was based on user input and required several University departments working together to create this streamlined version of the code. This change became effective September 1997.

3) The University, in conjunction with the Attorney General's Office, initiated a review of its policy and interpretive statements in 1996. During 1997, this review resulted in new administrative reporting procedures being written to assist in the identification, indexing, and notification process required by RCW 34.05.220 and 34.05.230. This material was distributed to pertinent members of the University's administration so that the revised identification and reporting process would begin with the 1997-98 academic year.

Also, during this time period the University of Washington was not subject to any petitions for agency action under RCW 34.05.330. In addition, the University does not impose any regulatory reporting requirements on businesses (although the University does comply with any such laws or rules as may be imposed by legislation or other state agencies upon its relationships with businesses).

C. Regulatory Reform: Recommendations for Statutory or Administrative Change

In carrying out the goals of the University of Washington's Rule Review Plan, it is anticipated that the University will avail itself of two relatively new administrative procedures for rule making: Expedited Adoption of Rules (RCW 34.05.230), and Expedited Repeal of Rules (RCW 34.05.354). Currently, the Expedited Repeal process is available to agencies at only two specific times per year while the Expedited Adoption process is available to agencies at any time. In order to meet the goals of Executive Order 97-02 in the area of regulatory reform, the University would like to join other state agencies in recommending that the Expedited Repeal process specified in RCW 34.05.354 be amended to reflect the same availability to agencies as that of the Expedited Adoption process in RCW 34.05.230.

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