Preproposal statement of inquiry was filed as WSR 02-22-084.
Title of Rule: Appointing authority, board of trustees rules and regulations, rules of procedure for contested case hearing/administrative disputes, and student policies and procedures (chapters 132F-01, 132F-104, 132F-108, and 132F-120 WAC).
Rule chapters being amended or added are (to be) entitled Appointing authority, chapter 132F-01 WAC; Board of trustees, chapter 132F-104 WAC (amended title); Procedures for adjudicative proceedings, chapter 132F-108 WAC (amended title); and Student activities, rights and discipline, new chapter 132F-121 WAC. The subjects and purposes of the rules are as stated in these titles and elsewhere herein. The current chapter 132F-120 WAC, Seattle Community College student policies and procedures, is being replaced.
Statutory Authority for Adoption: RCW 28B.50.100, [28B.50].130, and/or [28B.50].140.
Statute Being Implemented: RCW 28B.50.100 [28B.50].130, and/or [28B.50].140.
Summary: Updates and clarifies administrative rules on appointing authority for employees, board of trustees meetings and procedures, procedures for adjudicative proceedings, and student activities, rights, and discipline.
Reasons Supporting Proposal: Rules need to be updated to meet current circumstances, needs, and legal requirements.
Name of Agency Personnel Responsible for Drafting: Various; primary drafter, Assistant Attorney General, Jim Tuttle, 2000 Bank of California Building, 900 Fourth Avenue, Seattle, (206) 389-2051; Implementation and Enforcement: At the district level, under authority and through appointees of the Chancellor, 1500 Harvard, Seattle, (206) 587-4100; at the college level, under authority and through appointees of each president: Seattle Central Community College, 1701 Broadway, Seattle, (206) 587-3800; North Seattle Community College, 9600 College Way North, Seattle, (206) 527-3600; and South Seattle Community College, 6000 16th Avenue S.W., Seattle, (206) 764-5300.
Name of Proponent: Internal -- Seattle Community College District, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Amendments are intended to update existing rules, and "student" chapter is replaced with a new one:
• Appointing authority (chapter 132F-01 WAC): Clarifies delegation of appointing authority for district employees. Repeals unnecessary section on written employment contracts.
• Board of trustees (chapter 132F-104 WAC): Clarifies and revises details related to board meetings, and repeals eleven unnecessary sections.
• Procedures for adjudicative proceedings (chapter 132F-108 WAC): Clarifies and revises hearing procedures.
• Student activities, rights and discipline (new chapter 132F-121 WAC): Clarifies and revises provisions regarding student activities and student rights and discipline (including the processing of complaints by students and disciplinary actions against students). Seeks to ensure consistency with state law, especially the Administrative Procedure Act.
Anticipated effects are more efficient and/or fairer administration in these areas.
Proposal Changes the Following Existing Rules: Changes are numerous. These include, without limitation:
Chapter 132F-01 WAC:
• Clarification of appointing authority for employees (WAC 132F-01-010);
• Deletion of unnecessary procedural rule on employee contracts.
Chapter 132F-104 WAC:
• Changes regarding date, etc., of regular board meetings (WAC 132F-104-010);
• Provision for special meetings (WAC 132F-104-020);
• Provision for submission of items for board consideration (WAC 132F-104-810);
• Deletion of eleven unnecessary rules regarding internal procedures, including: Meeting locations (WAC 132F-104-030), operational policies (WAC 132F-104-801), review of agenda items (WAC 132F-104-811), deadlines (WAC 132F-104-812), submission routes (WAC 132F-104-813), informational materials (WAC 132F-104-814), distribution list (WAC 132F-104-815), advance mailings (WAC 132F-104-816), old business (WAC 132F-104-817), new business (WAC 132F-104-818), notification to board office (WAC 132F-104-819).
Chapter 132F-108 WAC:
• Clarifying appointment of presiding officers (WAC 132F-108-020);
• Adding more flexibility regarding use of brief adjudicative procedures and removing them as default in student conduct proceedings (WAC 132F-108-050);
• Adding more flexibility regarding when proceeding must be open (WAC 132F-108-070);
• Clarifying procedure for closing hearings (WAC 132F-108-080);
• Clarifying handling of matters in absence of chancellor or president (WAC 132F-108-120);
• Minor editorial changes (WAC 132F-108-100, 132F-108-130, and 132F-108-140).
Chapter 132F-120 WAC:
• Repealing chapter (to be replaced by new chapter 132F-121 WAC, Student activities, rights and discipline).
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required, by RCW 19.85.030 or otherwise.
RCW 34.05.328 does not apply to this rule adoption. These rules are not described in RCW 34.05.328 (5)(a).
Hearing Location: Seattle Community College District, District Office, Board Room, 1st Floor, 1500 Harvard Avenue, Seattle, WA 98122-3803, on April 23, 2003, at 3:30 p.m.
Assistance for Persons with Disabilities: Contact Grace Estrella by April 15, 2003, TDD (206) 587-4155 or (206) 587-3877.
Submit Written Comments to: Cynthia Felice, Seattle Community Colleges, 1500 Harvard Avenue, Seattle, WA 98122-3803, fax (206) 587-3894, by April 23, 2003.
Date of Intended Adoption: June 12, 2003.
February 28, 2003
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-07 issue of the Register.