PROPOSED RULES
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.]
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.]
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