WSR 10-01-148

PROPOSED RULES

EASTERN WASHINGTON UNIVERSITY


[ Filed December 22, 2009, 8:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-17-081.

Title of Rule and Other Identifying Information: Amending chapter 172-139 WAC to clarify standards relative to the conduct of commercial activities, by external organizations or persons, on property owned or controlled by Eastern Washington University.

Hearing Location(s): Eastern Washington University, Main Campus, Tawanka Commons, Room 215, Cheney, Washington 99004, on January 29, 2010, at 3:00 p.m.

Date of Intended Adoption: January 29, 2010.

Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail tlutey@ewu.edu, fax (509) 359-7036, by January 28, 2010.

Assistance for Persons with Disabilities: Contact Trent Lutey by January 28, 2010, (509) 359-6322.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal clarifies chapter 172-139 WAC by adding a purpose statement and updating language to reflect current organizational structure and practices.

Reasons Supporting Proposal: These changes are necessary to reflect current organizational titles and business practices, and to clarify the scope of the rule.

Statutory Authority for Adoption: RCW 28B.35.120.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Eastern Washington University, governmental.

Name of Agency Personnel Responsible for Drafting: Laurie Connelly, 214 Showalter Hall, Cheney, WA 99004, (509) 359-2371; Implementation and Enforcement: Mary Voves, 307 Showalter Hall, Cheney, WA 99004, (509) 359-4210.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Revisions to chapter 172-139 WAC do not impose a disproportionate impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-139 WAC is not considered a significant legislative rule by Eastern Washington University.

December 22, 2009

Trent Lutey

University Policy Administrator

Chapter 172-139 WAC

Commercial activities


NEW SECTION
WAC 172-139-005   Purpose.   This chapter establishes standards for the conduct of commercial activities on Eastern Washington University property by external persons or organizations. This includes property and facilities that are owned, operated, or otherwise controlled by Eastern Washington University.

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AMENDATORY SECTION [(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)]WAC 172-139-010   Commercial activities.   Eastern Washington University facilities shall not be used for commercial solicitation, advertising, or promotional activities except when the activities clearly serve educational objectives., Examples of acceptable activities include ((ing but not limited to)) the display of books of interest to the academic community, or the display or demonstration of technical or research equipment, or ((and when the)) other commercial activities that relate to educational objectives. In all cases, such commercial activities must be ((and are)) conducted under the sponsorship or at the request of a university department or of a ((the executive)) vice-president or authorized designee. Approved((: Provided, That)) commercial activities shall not interfere with or operate to the detriment of the conduct of university affairs or the free flow of pedestrian or vehicular traffic.

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-010, filed 10/16/92, effective 11/16/92.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION [(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)]WAC 172-139-020   Commercial activities in the Pence Union Building.   Exceptions to WAC 172-139-010 are granted for the Pence Union Building (PUB) subject to the following provisions:

(1)((: Provided, That)) Any commercial the activity conducted under this section shall ((does)) not duplicate services provided by the university.

(2) Vendors, organizations, or individuals must obtain ((and prior)) approval ((is obtained)) from the director of the student union building prior to conducting any commercial activity ((auxiliary services)).

(3) The University shall charge ((V))vendors ((are assessed charges)) for use of ((the)) PUB facilities.

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-020, filed 10/16/92, effective 11/16/92.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION [(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)]WAC 172-139-030   Handbills.   (1) No person shall place in or on any vehicle parked on the university campus, any handbill, except as provided in subsection (3)(((2)(c))) of this section.

(2) For the purposes of this chapter, the following definition applies: A "handbill" is any printed or written matter, sample, or device which:

(a) Advertises for sale any merchandise, product, service, or commodity; or

(b) Directs attention, either directly or indirectly, to any business or mercantile or commercial establishment, or other activity, for the purpose of promoting an interest in sales or use; or

(c) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit.((: Provided, That t))

(3) The terms of this ((clause)) section shall not apply to a university-sponsored activity for which the handbills have been approved for such distribution by the ((director of student)) Associate Vice President for ((a))Auxiliary and Business ((s))Services ((in the Pence Union Building)).

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-030, filed 10/16/92, effective 11/16/92.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

AMENDATORY SECTION [(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)]WAC 172-139-040   Penalties for violations of commercial activities regulations.   (1) Any violation of this chapter by a student of Eastern Washington University is a violation of the student conduct code, WAC 172-121-200((0-040)).

(2) Nonstudents violating this chapter may be referred to civil authorities for appropriate prosecutions, including violations of the laws of criminal trespass and/or litter control.

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-040, filed 10/16/92, effective 11/16/92.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office