WSR 03-19-101

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed September 16, 2003, 9:13 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-040.

Title of Rule: Chapter 478-04 WAC, Organization.

Purpose: To bring the rules concerning meetings of the University of Washington's board of regents up-to-date with current practices and consistent with the board's by-laws, and to make corrections in organizational information.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130 for all sections; additionally RCW 34.05.220 for WAC 478-04-020; and RCW 34.05.330 and chapter 42.30 RCW for WAC 478-04-030.

Summary: The proposed amendments to chapter 478-04 WAC incorporate board of regents by-law changes adopted in January 2000 and February 2003 regarding meetings of the board and its committees. Additionally, these amendments update the University of Washington's organizational information.

Name of Agency Personnel Responsible for Drafting and Implementation: Lee L. Huntsman, Interim President, 301 Gerberding Hall, University of Washington, Seattle, WA, (206) 543-5010; and Enforcement: Michele M. Sams, Secretary of the Board of Regents, 139 Gerberding Hall, University of Washington, Seattle, WA, (206) 543-1633.

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: In January 2000 and again in February 2003, the University of Washington's board of regents adopted changes to their by-laws concerning the board's meetings. The proposed amendments to chapter 478-04 WAC incorporate these changes as well as update the University of Washington's organizational information to include a tenth member of the regents, the student regent. Amending chapter 478-04 WAC and incorporating additional information concerning the board of regents meeting processes into the university's WAC will bring the code up-to-date and make the board of regents meeting processes more accessible to the general public.

Proposal Changes the Following Existing Rules: In WAC 478-04-020 Organization -- Operation -- Information, the proposed amendment would correct the number of regents listed in the university's organizational information.

In WAC 478-04-030 Meetings of the board of regents, the proposed amendments update descriptions of the board of regents regular and special meetings and incorporate additional information concerning the order of business, minutes, public meetings, committee of the whole meetings, executive sessions, communications to and appearance before the board, and rules of procedure.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-04 WAC does not impose a disproportionate impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. Chapter 478-04 WAC is not considered a significant legislative rule by the University of Washington.

Hearing Location: Room 309 of the Husky Union Building (HUB), University of Washington, Seattle, Washington, on October 29, 2003, at 12:00 noon.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by October 15, 2003, TDD (206) 543-6452 or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Director, Administrative Procedures Office via one of the following: U.S. mail University of Washington, 4014 University Way N.E, Seattle, WA 98105-6203, campus mail Box 355509, e-mail adminpro@u.washington.edu, fax (206) 616-6294, by October 29, 2003.

Date of Intended Adoption: November 21, 2003.

September 15, 2003

Rebecca Goodwin Deardorff, Director

Administrative Procedures Office

OTS-6662.2


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-04-020   Organization -- Operation -- Information.   (1) Organization. The University of Washington is established in Title 28B RCW as a public institution of higher education. The institution is governed by a ((nine)) ten-member board of regents, appointed by the governor. The board employs a president, who acts as the chief executive officer of the institution. The president establishes the structure of the administration.

(2) Operation. The administrative office of the University of Washington is at the following address:


University of Washington

Office of the President

301 Gerberding Hall

Box 351230

Seattle, WA 98195-1230


(3) Information. Additional and detailed information concerning the educational offerings may be obtained from the catalog, copies of which are available at the following address:


University of Washington

Office of the Registrar

209 Schmitz Hall

Box 355850

Seattle, WA 98195-5850

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-04-020, filed 6/19/97, effective 7/20/97. Statutory Authority: Chapter 34.05 RCW. 90-15-005, 478-04-020, filed 7/6/90, effective 8/6/90.]


AMENDATORY SECTION(Amending WSR 92-02-038, filed 12/24/91, effective 1/24/92)

WAC 478-04-030   ((Schedule of)) Meetings of the board of regents.   (1) Regular meetings. Regular meetings of the board ((of regents)) shall be held ((each month,)) pursuant to a schedule established yearly by resolution of the board. Meetings of the board will be held in ((Room 301 of the Administration Building)) the Walker-Ames Room of Kane Hall on the campus in Seattle, Washington, or at such other place as the board may direct from time to time. The president of the board, with the concurrence of a majority of the members of the board, may cancel any regular meeting. All such regular meetings ((and notices of cancellation of meetings)) will be conducted in conformance with the laws of the state of Washington governing such meetings.

The board shall give no less than twenty-four hours notice of cancellation of a regular meeting.

(2) Special meeting. The president of the university, the president of the board, or any ((five)) six members of the board may call a special meeting at any time. Not less than twenty-four hours before any special meeting, the secretary shall have notified each member of the board by written notice of the time, place, and the business to be transacted at the meeting. Such notice shall be distributed and posted in accordance with the laws of the state governing such meetings. The presence of a regent at the meeting or the regent's written waiver of notice filed with the secretary shall constitute a waiver of receiving written notice of the meeting. When the meeting is called to deal with an emergency involving injury or damage, or the likelihood of injury or damage, to persons or property, and the time requirements for notice provided for above would be impractical and increase the likelihood of such injury or damage, such required notice may be dispensed with and the secretary shall notify each member of the board by the best means possible under the circumstances.

(3) Notice of agenda for regular meeting. Not less than four days before any regular meeting, the secretary shall mail to each member of the board a reminder of the regular meeting and a preliminary agenda setting forth the matters which are to be considered at the meeting.

(4) Addenda to the agenda at regular or special meetings. Addenda to the agenda of either a regular or a special meeting may be permitted at the commencement of or during such meeting, except that final disposition shall not be taken on addenda to the agenda of a special meeting unless notice as required by applicable law has been given.

(5) Quorum. A majority of the entire board shall be necessary to constitute a quorum at all regular meetings and special meetings.

(6) Order of business. The following shall be the order of business at each regular meeting of the board:

Report of the president of the board;

Report of the president of the university;

Consent agenda (including approval of minutes);

Reports of standing committees of the board;

Reports of special committees of the board; and

Any other business that may properly come before the board.

The following shall be the order of business at each special meeting of the board:

Reading of notice of meeting;

The special business for which the meeting was called; and

Any other business that may properly come before the board.

The order of business of the board may be changed or suspended at any meeting by a majority of the regents present. An item shall be removed from the consent agenda by request of any regent.

(7) Minutes. The minutes of all regular and special meetings of the board shall be kept by the secretary. Such minutes, following approval, shall be open to public inspection in the office of the secretary of the board of regents during regular university business hours.

(8) Public meetings. Regular and special meetings of the board of regents and committees thereof as required by applicable law shall be open to the public, except for executive sessions which may be held as permitted by applicable law. Board members may appear at any meeting through a telephone or video-conferencing device that permits communications with all other persons at the meeting. Persons wishing to appear before the board to make a presentation shall comply with the procedures as specified in subsection (11) of this section.

(9) Committee of the whole meetings. Meetings of the board as a committee of the whole may be held before regular or special meetings of the board or at such time and such place as the president of the board may direct from time to time.

(10) Executive sessions. During any regular or special meeting of the board, the board may hold an executive session to discuss matters as permitted in applicable laws of the state of Washington.

(11) Communications to and appearance before the board. Any persons who wish to communicate to the board or appear before the board shall do so as follows:

(a) Communications to the board. Any person who wishes to bring a matter to the attention of the board may do so by submitting such communication in writing to the secretary of the board of regents. The secretary shall bring such written communications to the attention of the president of the board and the president of the university for direction as to response and/or transmittal to the board.

(b) Appearance before the board. The meetings of the board of regents are intended for presentation of agenda items by the chairs of the respective standing committees and by the president of the university for discussion and action by the members of the board. Public testimony on agenda items, or on other relevant items which any person may wish to call to the attention of the board, may be taken by the appropriate standing committee or by the committee of the whole. The chair of each committee shall have the discretion to limit the time and order of appearances as deemed desirable for a fair presentation of views consistent with the other business before the committee. In an unusual case, this subsection may be waived by the president of the board or by any other six members of the board.

(c) Petition to board for promulgation, amendment, or repeal of rule. Persons having an interest in the promulgation, amendment, or repeal of a "rule" as defined in RCW 34.05.010 may submit a written petition to the administrative procedures office, rules coordinator for the University of Washington. Any petition so submitted shall contain the name and address of the petitioner or petitioners, a description of the persons on whose behalf the petition is presented if it is presented in a representative capacity, a statement of the interest of the petitioner and/or the persons on whose behalf it is presented, and a statement of the reasons supporting the petition. If the petition is for the promulgation of a rule, it shall contain the proposed rule. If the petition is for an amendment of an existing rule, it shall contain the rule with the proposed deletions lined out and proposed additions underlined or italicized. If the petition is for the repeal of a rule, it shall contain a copy of the rule proposed to be repealed. The petition shall be considered by the board at the first regular meeting held not less than thirty days after the date the petition was submitted to the administrative procedures office, provided that the board may consider the petition at any earlier regular or special meeting of the board.

Within sixty days after submission of a petition to the administrative procedures office that is for the promulgation, amendment, or repeal of a "rule," as defined in RCW 34.05.010, the board shall either deny the petition in writing or initiate rule-making procedures in accordance with RCW 34.05.330.

(12) Rules of procedure. Robert's Rules of Order, latest revised edition, shall govern all meetings of the board and its committees except where such rules of order are superseded by the bylaws of the board of regents or standing orders of the board. Any member of the board may make a motion which need not be seconded in order to bring the subject of the motion before the board for action.

[Statutory Authority: RCW 28B.20.130 and 42.30.075. 92-02-038, 478-04-030, filed 12/24/91, effective 1/24/92.]


NEW SECTION
WAC 478-04-040   Board of regents exercise of powers.   The board and its committees shall act only at meetings called as provided by applicable law and the bylaws of the board of regents, and all matters coming before the board or its committees for action shall be determined by the majority vote of its members present, the members present being not less than a quorum, except as otherwise specified in Article III of the bylaws of the board of regents. The member of the board who is presiding at a meeting shall be entitled to make motions, second motions, vote, and otherwise participate in the meeting to the same extent as the other members of the board. The student regent shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel.

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