WSR 03-12-007

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed May 22, 2003, 9:22 a.m. ]

Date of Adoption: May 16, 2003.

Purpose: To make housekeeping amendments to the University of Washington's Title 478 WAC rules that correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Citation of Existing Rules Affected by this Order: Amending WAC 478-138-060, 478-140-018, 478-160-085, 478-168-170, 478-276-140, 478-324-020, 478-324-045, 478-324-140, and 478-324-180.

Statutory Authority for Adoption: 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.

Adopted under notice filed as WSR 03-05-019 on February 10, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 9, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 9, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 9, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

May 19, 2003

Rebecca Goodwin Deardorff

Director of Administrative Procedures

OTS-6097.2


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.]

OTS-6098.1


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 in ((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 pharmacy.

(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.]

OTS-6099.2


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 uwgrad@u.washington.edu (for U.S. citizens, permanent residents and immigrants) or to intlgrad@u.washington.edu 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 ((351280)) 84808

Seattle, WA ((98195-1280)) 98124-6108


((An application form with instructions will be provided to prospective graduate or visiting graduate applicants upon request.))

[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.]

OTS-6100.1


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 ((in the university Operations Manual)) on the university libraries website.

(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.]

OTS-6101.1


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 (((206))) 206-543-9180.

[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.]

OTS-6102.1


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 Administrative Code.


General Requirements
WAC
197-11-040 Definitions.
197-11-050 Lead agency.
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.
197-11-090 Supporting documents.
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.
197-11-256 Preliminary evaluation.
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.
((197-11-298)) 197-11-268 MTCA interim actions.
Categorical Exemptions and Threshold Determination
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination of significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
Environmental Impact Statement (EIS)
WAC
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping. (Optional)
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
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.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
Commenting
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-510 Public notice.
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 agency.
Using Existing Environmental Documents
WAC
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.
197-11-640 Combining documents.
SEPA and Agency Decisions
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
Definitions
WAC
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-721 Closed record appeal.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost-benefit analysis.
197-11-728 County/city.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of nonsignificance (DNS).
197-11-736 Determination of significance (DS).
197-11-738 EIS.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-775 Open record hearing.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
Categorical Exemptions
WAC
197-11-800 Categorical exemptions.
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.
197-11-875 Other agencies.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
Agency Compliance
WAC
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.
197-11-950 Severability.
197-11-955 Effective date.
Forms
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
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.]


AMENDATORY SECTION(Amending WSR 00-04-039, filed 1/25/00, effective 2/25/00)

WAC 478-324-045   SEPA advisory committee responsibility.   (1) The responsible official shall consult with the committee as follows:

(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.]


AMENDATORY SECTION(Amending WSR 00-04-039, filed 1/25/00, effective 2/25/00)

WAC 478-324-140   Additional methods of public notice.   The university shall provide public notice of scoping, DNS with comment period, public hearings scheduled in accordance with these procedures and availability of draft and final EIS's by:

(1) Posting a notice on or near the proposed site (for project EIS's)((;)).

(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.]


NEW SECTION
WAC 478-324-145   No administrative appeal.   There is no administrative appeal of any university determination relating to SEPA. Any appeal must be a judicial appeal under WAC 197-11-680(4).

[]


AMENDATORY SECTION(Amending WSR 00-04-039, filed 1/25/00, effective 2/25/00)

WAC 478-324-180   Designation of responsible official.   The ((assistant)) associate vice president for capital projects or his or her designee shall serve as the responsible official for all university projects.

[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.]

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