Title of Rule: Housekeeping amendments to Title 478 WAC, University of Washington rules.
Purpose: To correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Statutory Authority for Adoption: RCW 28B.20.130.
Statute Being Implemented: RCW 28B.20.130 for all sections. Additionally, RCW 28B.15.031 for WAC 478-168-170; chapter 42.17 RCW for WAC 478-276-140; and RCW 43.21C.120 for WAC 478-324-020, 478-324-045, 478-324-140, 478-324-145, and 478-324-180.
Summary: The University of Washington periodically reviews and makes housekeeping amendments to its Title 478 WAC rules. The university proposes amending nine rule sections and adopting one new section to bring the Title 478 WAC rules up-to-date.
Reasons Supporting Proposal: The University of Washington periodically reviews and makes housekeeping amendments to its Title 478 WAC rules in order to keep them current and accurate.
Name of Agency Personnel Responsible for Drafting and Implementation: Rebecca Goodwin Deardorff, Director, Administrative Procedures Office, Room 6, Visitors Information Center, University of Washington, Seattle, WA, (206) 543-9199; and Enforcement: Norman G. Arkans, Associate Vice President and Executive Director of University Relations, 400 Gerberding Hall, University of Washington, Seattle, WA, (206) 543-2560.
Name of Proponent: University of Washington, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The University of Washington seeks housekeeping amendments to nine rule sections to update position titles, office locations, addresses, publication references, phone number formats; to provide website and e-mail addresses; to clarify language, and to correct a WAC reference, a superceded date, a committee name, and a punctuation mark. Additionally, the university seeks to adopt a new section to clarify the SEPA process: The new section states the University of Washington offers no administrative appeal, just a judicial appeal, to SEPA determinations. The university has not previously offered an administrative appeal and cannot offer an administrative appeal without specific rules for such. The new section clarifies this position and does not change it.
These proposed housekeeping amendments are intended to keep the University of Washington's Title 478 WAC rules up-to-date and accurate.
Proposal Changes the Following Existing Rules: The Washington Administrative Code would be amended as follows:
WAC 478-138-060 is amended to update a position title and publication reference.
WAC 478-140-018 is amended to update an office location.
WAC 478-160-085 is amended to update a mailing address, provide e-mail addresses, and clarify how to request information from the graduate admissions office.
WAC 478-168-170 is amended to update publication references.
WAC 478-276-140 is amended to update a phone number format.
WAC 478-324-020 is amended to correct a WAC reference number and to remove a superceded date.
WAC 478-324-045 is amended to correct a committee name.
WAC 478-324-140 is amended to correct a typographical error in punctuation.
WAC 478-324-180 is amended to update a position title.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rebecca Goodwin Deardorff, Director, Administrative Procedures Office, University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203 , AND RECEIVED BY April 22, 2003.
February 6, 2003
Rebecca Goodwin Deardorff, Director
Administrative Procedures Office
AMENDATORY SECTION(Amending WSR 92-14-060, filed 6/26/92, effective 7/27/92)
WAC 478-138-060 Schedule of fees. Fees for stadium boat moorage and the effective date thereof shall be established by the director of intercollegiate athletics with approval of the ((
vice-president for university relations)) special assistant
to the president. The approved fee schedule shall be
published (( in the University Operations Manual)) on the
intercollegiate athletics website.
[Statutory Authority: RCW 28B.20.130. 92-14-060, § 478-138-060, filed 6/26/92, effective 7/27/92.]
AMENDATORY SECTION(Amending WSR 99-12-110, filed 6/2/99, effective 7/3/99)
WAC 478-140-018 Education records -- Student's right to inspect. (1) A student has the right to inspect and review his or her education records except where otherwise provided in this chapter.
(a) The term "education records" means those records, files, documents and other materials which contain information directly related to a student and are maintained by the university.
(b) Types of education records, and the university officials responsible for those records, include, but are not limited to:
(i) Official transcripts of courses taken and grades
received, records relating to prior education experience, and
admission records. The executive director of admissions and
records, whose office is located in Schmitz Hall, is
responsible for the maintenance of such records. In addition,
the director of graduate admissions, whose office is located
Gerberding)) Loew Hall, is responsible for the
maintenance of certain admission and current education status
records for graduate students, as are the admission directors
of the professional schools of dentistry, law, medicine and
(ii) Tuition and fee payment records. The manager of the student accounts office, located in Schmitz Hall, is responsible for the maintenance of such records.
(iii) Student disciplinary records. The vice president for student affairs, whose office is located in Schmitz Hall, is responsible for the maintenance of such records.
(iv) Education records relating to a student's particular field of study may be maintained by the departments and colleges throughout the university. Where such education records are so maintained, the respective chair or dean of the department or college is responsible for maintenance of the records.
(c) The term "education records" does not include:
(i) Any record of instructional, supervisory, administrative or educational personnel which is in the sole possession of the maker thereof and not accessible or revealed to any other person except a substitute. For the purposes of this subsection, substitute means:
(A) A person who is providing instruction in place of or as assistant to the regularly assigned faculty member in a course in which knowledge of the performance of individual students is essential to the provision of instruction, or
(B) A person who is supervising a student's thesis or research progress in place of or as an assistant to the regularly assigned faculty member during a prolonged absence.
(ii) Records created and maintained by the University of Washington police department for the purposes of law enforcement, except that education records created by another university department remain education records while in the possession of the police department.
(iii) Records made and maintained in the normal course of business which relate exclusively to the person's capacity as an employee and are not available for any other purposes; however, records concerning a student who is employed as a result of his or her status as a student (e.g., graduate student service appointments) shall not be considered to relate exclusively to a student's capacity as an employee.
(iv) Health care records on a student that are created or maintained by a health care provider or health care facility in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, the student, or a health care provider of the student's choice (see also chapter 70.02 RCW).
(v) Records of an institution which contain only information relating to a person after that person is no longer a student at the university (e.g., information pertaining to the accomplishment of an alumnus or alumna).
(2)(a) Confidential recommendations, evaluations or comments concerning a student, shall nonetheless be made available to the student, except as provided in (b), (c) and (d) of this subsection.
(b) The student may specifically waive his or her right to inspect and review education records where the information consists only of confidential recommendations respecting the student's:
(i) Admission to the University of Washington or any other educational institution, or component part thereof, or
(ii) Application for employment, or
(iii) Receipt of an honor or honorary recognition.
(c) A student's waiver of his or her right to inspect and review confidential statements shall be valid only if:
(i) The student is, upon request, notified of the names of all persons making confidential statements concerning the student, the dates of such confidential statements and the purpose or purposes for which the statements were provided, and
(ii) Such confidential statements are used solely for the purpose or purposes for which they were provided, and
(iii) Such waivers are not required as a condition for admission to, receipt of financial aid from or receipt of any other services or benefits from the university, and
(iv) Such waiver is in writing and signed and dated by the student.
(d) Such a waiver may be revoked, in writing, by the student; however, the revocation will be effective only for confidential statements or records dated after the date of the revocation.
(e) Confidential recommendations, evaluations or comments concerning a student prior to January 1, 1975, shall not be subject to release under WAC 478-140-018 (2)(a); however, upon request the student shall be notified of the names of the authors of all such confidential records, the dates appearing on such confidential records and the purpose for which each such confidential record was provided. Such records shall remain confidential and shall be released only with the consent of the author. Such records shall be used by the university only for the purpose or purposes for which they were provided.
(3) Where requested education records include information on more than one student, the student making the request shall be entitled to inspect, review or be informed of only the specific portion of the record about that student.
(4) A student may not inspect and review education records that are or contain financial records of his or her parents.
(5) Students may obtain copies of their education records. Charges for copies shall not exceed the cost normally charged by a University of Washington copy center (except in cases where charges have previously been approved for certain specified services).
(a) The university may refuse to provide copies of education records including transcripts and diplomas in the following circumstances:
(i) If the record is a secure exam as determined by the department that maintains the exam, so that the integrity of such exams may be protected;
(ii) If the student has outstanding debts owed to the university, so that the university may facilitate collection of such debts;
(iii) If disciplinary action is pending or sanctions are not completed.
(b) The university must provide copies of education records, subject to the provisions of (a) of this subsection, in the following circumstances:
(i) If failure to do so would effectively prevent the student from inspecting and reviewing a record;
(ii) When records are released pursuant to a student's consent and the student requests copies; and
(iii) When the records are transferred to another educational agency or institution where the student seeks or intends to enroll and the student requests copies.
(6) The office of the registrar is the only office which may issue an official transcript of the student's academic record.
(7) Student education records may be destroyed in accordance with a department's routine retention schedule. In no case will any record which is requested by a student for review in accordance with WAC 478-140-018 or 478-140-021 be removed or destroyed prior to providing the student access.
[Statutory Authority: RCW 28B.20.130. 99-12-110, § 478-140-018, filed 6/2/99, effective 7/3/99. Statutory Authority: RCW 28B.20.130(1). 79-05-025 (Order 79-1), § 478-140-018, filed 4/18/79; Order 75-3, § 478-140-018, filed 5/22/75; Order 75-1, § 478-140-018, filed 3/5/75.]
AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)
WAC 478-160-085 Application forms. Prospective applicants to the graduate school may obtain information about degree programs and the online application process on the graduate school website or by an e-mail request to email@example.com (for U.S. citizens, permanent residents and immigrants) or to firstname.lastname@example.org for international applicants. Secondarily, an "Application for admission to the graduate school" form is available upon request by writing to the graduate program adviser of the department in which the applicant expects to engage in a program of study or by writing to the following address:
University of Washington
Office of Graduate Admissions
98 Gerberding)) 301 Loew Hall
P.O. Box ((
Seattle, WA ((
An application form with instructions will be provided
to prospective graduate or visiting graduate applicants upon
[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, § 478-160-085, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 92-12-011, § 478-160-085, filed 5/22/92, effective 6/22/92; Order 72-5, § 478-160-085, filed 11/6/72.]
AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)
WAC 478-168-170 Library borrowers. The following categories of individuals are eligible for library borrowing privileges:
(1) Campus borrowers:
(a) Undergraduate and unclassified students.
(b) Graduate and professional students.
(c) Graduate students with on-leave graduate status.
(d) University extension participants.
(e) Faculty, consisting of the president, the vice presidents, professors, associate professors, assistant professors, instructors, research associates, and lecturers, whether serving under acting, research, clinical, or affiliate appointment, whether serving part time or full time, and whether serving in an active or emeritus capacity; academic personnel, and administrative personnel as determined by the office of the provost.
(f) Professional staff.
(g) Classified staff.
(h) Visiting scholars with official visiting scholar status.
(i) Individuals affiliated with the university who do not have official University of Washington identification cards but who have been granted borrowing privileges by the director of libraries.
(2) Off-campus borrowers who are granted free borrowing privileges:
(a) Spouses of faculty and staff as defined in subdivisions (1)(e), (f), and (g) of this section.
(b) Retired faculty and staff as defined in subdivisions (1)(e), (f), and (g) of this section.
(c) Spouses of retired staff as defined in subdivisions (1)(e), (f), and (g) of this section.
(d) Spouses of visiting scholars.
(e) Faculty and other academic staff of each of the Washington state four year colleges and universities.
(f) Federal and state governmental employees who have need of library materials in an official capacity.
(g) Other individuals accorded borrowing privileges by the director of libraries.
(3) Off-campus individuals who have need for research
purposes of material not available from other sources and
other individuals accorded borrowing privileges by the
director of libraries are granted borrowing privileges for a
nonrefundable charge. The charge is set by the director of
libraries or his/her designee. The approved schedule of
charges shall be published ((
in the university Operations
Manual)) on the university libraries website.
(4) Organizations which have need for research purposes
of material not available from other sources will be granted
borrowing privileges for a nonrefundable charge. The charge
is set by the director of libraries or his/her designee. The
approved schedule of charges shall be published ((
university Operations Manual)) on the university libraries
(5) Individuals granted privileges through contracts or agreements with the University of Washington libraries.
[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, § 478-168-170, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), § 478-168-170, filed 9/7/79; Order 73-1, § 478-168-170, filed 1/8/73.]
AMENDATORY SECTION(Amending WSR 01-11-136, filed 5/23/01, effective 6/23/01)
WAC 478-276-140 Public records and open public meetings office -- Address. All requests for public records to the University of Washington shall be addressed as follows:
University of Washington
Public Records and Open Public Meetings Office
4014 University Way N.E.
Seattle, WA 98105-6203
(for internal campus mail use: Box 355502). The telephone number of the public records and open public meetings office is ((
[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, § 478-276-140, filed 5/23/01, effective 6/23/01; 97-14-004, § 478-276-140, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130(1). 81-20-049 (Order 81-2), § 478-276-140, filed 10/2/81; Order 73-5, § 478-276-140, filed 5/29/73.]
AMENDATORY SECTION(Amending WSR 00-04-039, filed 1/25/00, effective 2/25/00)
WAC 478-324-020 Adoption by reference. The university hereby adopts by reference the following sections of the ((
1984)) SEPA rules, chapter 197-11 of the Washington
|197-11-055||Timing of the SEPA process.|
|197-11-060||Content of environmental review.|
|197-11-070||Limitations on actions during SEPA process.|
|197-11-080||Incomplete or unavailable information.|
|197-11-100||Information required of applicants.|
|197-11-250||SEPA/Model Toxics Control Act integration.|
|197-11-253||SEPA lead agency for MTCA actions.|
|197-11-259||Determination of nonsignificance for MTCA remedial actions.|
|197-11-262||Determination of significance and EIS for MTCA remedial actions.|
|197-11-265||Early scoping for MTCA remedial actions.|
||MTCA interim actions.
|Categorical Exemptions and Threshold Determination
|197-11-300||Purpose of this part.|
|197-11-310||Threshold determination required.|
|197-11-330||Threshold determination process.|
|197-11-340||Determination of nonsignificance (DNS).|
|197-11-360||Determination of significance (DS)/initiation of scoping.|
|197-11-390||Effect of threshold determination.
|Environmental Impact Statement (EIS)
|197-11-400||Purpose of EIS.|
|197-11-410||Expanded scoping. (Optional)|
|197-11-425||Style and size.|
|197-11-435||Cover letter or memo.|
|197-11-442||Contents of EIS on nonproject proposals.|
|197-11-443||EIS contents when prior nonproject EIS.|
|197-11-444||Elements of the environment.|
|197-11-448||Relationship of EIS to other considerations.|
|197-11-455||Issuance of DEIS.|
|197-11-460||Issuance of FEIS.
|197-11-500||Purpose of this part.|
|197-11-504||Availability and cost of environmental documents.|
|197-11-535||Public hearings and meetings.|
|197-11-545||Effect of no comment.|
|197-11-550||Specificity of comments.|
|197-11-560||FEIS response to comments.|
|197-11-570||Consulted agency costs to assist lead
|Using Existing Environmental Documents
|197-11-600||When to use existing environmental documents.|
|197-11-610||Use of NEPA documents.|
|197-11-620||Supplemental environmental impact statement -- Procedures.|
|197-11-625||Addenda -- Procedures.|
|197-11-630||Adoption -- Procedures.|
|197-11-635||Incorporation by reference -- Procedures.|
|SEPA and Agency Decisions
|197-11-650||Purpose of this part.|
|197-11-660||Substantive authority and mitigation.|
|197-11-721||Closed record appeal.|
|197-11-734||Determination of nonsignificance (DNS).|
|197-11-736||Determination of significance (DS).|
|197-11-754||Incorporation by reference.|
|197-11-756||Lands covered by water.|
|197-11-775||Open record hearing.|
|197-11-799||Underlying governmental action.
|197-11-810||Exemptions and nonexemptions applicable to specific state agencies.|
|197-11-820||Department of licensing.|
|197-11-825||Department of labor and industries.|
|197-11-830||Department of natural resources.|
|197-11-835||Department of fisheries.|
|197-11-840||Department of game.|
|197-11-845||Department of social and health services.|
|197-11-850||Department of agriculture.|
|197-11-855||Department of ecology.|
|197-11-860||Department of transportation.|
|197-11-865||Utilities and transportation commission.|
|197-11-870||Department of commerce and economic development.|
|197-11-890||Petitioning DOE to change exemptions.
|197-11-900||Purpose of this part.|
|197-11-902||Agency SEPA policies.|
|197-11-904||Agency SEPA procedures.|
|197-11-906||Content and consistency of agency procedures.|
|197-11-910||Designation of responsible official.|
|197-11-912||Procedures of consulted agencies.|
|197-11-914||SEPA fees and costs.|
|197-11-916||Application to ongoing actions.|
|197-11-917||Relationship to chapter 197-10 WAC.|
|197-11-918||Lack of agency procedures.|
|197-11-920||Agencies with environmental expertise.|
|197-11-922||Lead agency rules.|
|197-11-924||Determining the lead agency.|
|197-11-926||Lead agency for governmental proposals.|
|197-11-928||Lead agency for public and private proposals.|
|197-11-930||Lead agency for private projects with one agency with jurisdiction.|
|197-11-932||Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.|
|197-11-934||Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.|
|197-11-936||Lead agency for private projects requiring licenses from more than one state agency.|
|197-11-938||Lead agencies for specific proposals.|
|197-11-940||Transfer of lead agency status to a state agency.|
|197-11-942||Agreements on lead agency status.|
|197-11-944||Agreements on division of lead agency duties.|
|197-11-946||DOE resolution of lead agency disputes.|
|197-11-948||Assumption of lead agency status.|
|197-11-970||Determination of nonsignificance (DNS).|
|197-11-980||Determination of significance and scoping notice (DS).|
|197-11-985||Notice of assumption of lead agency status.|
|197-11-990||Notice of action.|
[Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-020, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-020, filed 10/2/84.]
(a) After completion of an environmental checklist but before threshold determination.
(b) Prior to the responsible official's reconsideration of the threshold determination if substantive comments have been received regarding the DNS.
(c) Prior to the responsible official issuing a mitigated DNS.
(d) Prior to the issuance of a scoping notice.
(e) Prior to the publication of any draft EIS.
(f) Prior to the publication of any final EIS.
(2) Committee review of DNS and mitigated DNS may occur without a formal meeting.
(3) The university shall give the committee notice of public hearings on the environmental impact of a proposal.
(4) The committee's recommendations shall be advisory and shall not relieve the responsible officials of their responsibilities as established by these procedures.
[Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-045, filed 1/25/00, effective 2/25/00.]
(1) Posting a notice on or near the proposed site (for
(2) Providing notice in such form as a press release or advertisement in a legal newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., Daily Journal of Commerce).
(3) Providing notice in such form as a press release or advertisement in the University Week and University of Washington Daily. If the University Week and/or the University of Washington Daily is not in publication, then notice shall instead be published in a newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., The Seattle Times or The Seattle Post-Intelligencer).
[Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-140, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-140, filed 10/2/84.]
[Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-180, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-180, filed 10/2/84.]