WSR 04-09-076

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed April 20, 2004, 10:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-04-016.

Title of Rule: Chapter 478-168 WAC, Regulations for the University of Washington libraries.

Purpose: To update the rules and regulations that govern the loaning of materials from the University of Washington libraries.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130.

Summary: The proposed amendments to chapter 478-168 WAC remove nonessential elements from the code that are more appropriate to the University of Washington Libraries Operations Manual and website. Additionally, obsolete policies have been removed and housekeeping changes made for names of units and position titles.

Reasons Supporting Proposal: The revisions more accurately reflect current policy and allow for more flexibility in meeting the needs of library users in a timely manner.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lizabeth (Betsy) A. Wilson, UW Director of Libraries, 482 Allen Library, UW, Seattle, WA, (206) 543-1763.

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: The University of Washington libraries proposes amending chapter 478-168 WAC to make its loan code regulations more flexible (such as removing the stipulation that borrowers pay fines by cash or check only), and more amenable to current practices by publishing fees and charges on its website and in its operations manual. It is anticipated that borrower interactions with the University of Washington libraries will be simplified and more transparent.

Proposal Changes the Following Existing Rules: The proposed rule making amends the following sections of the Washington Administrative Code:

(1) WAC 478-168-160, by clarifying which campus libraries are subject to these WAC rules.

(2) WAC 478-168-180, 478-168-190 and 478-168-390, by clarifying existing language.

(3) WAC 478-168-270, by eliminating an obsolete loan category.

(4) WAC 478-168-310 and 478-168-380, by detailing where fines and charges are published and how they are set, as well as clarifying existing language.

(5) WAC 478-168-320, by eliminating restrictions on when notices are sent.

(6) WAC 478-168-325, by removing a restriction on type of payment for fines and charges.

The proposed rule making repeals WAC 478-168-170, 478-168-200, 478-168-290, 478-168-294, 478-168-298, 478-168-300, 478-168-340, 478-168-345, 478-168-350, and 478-168-360.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-168 WAC does not impose a disproportionate impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. Chapter 478-168 WAC is not considered a significant legislative rule by the University of Washington.

Hearing Location: Room 309 Husky Union Building (HUB), University of Washington, Seattle, Washington, on May 27, 2004, at 12:00 noon.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by May 13, 2004, TDD (206) 543-6452 or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Director, Rules Coordination Office, via one of the following: United States mail, University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203, campus mail Box 355509, e-mail rules@u.washington.edu, fax (206) 616-6294, by May 27, 2004.

Date of Intended Adoption: June 11, 2004.

April 16, 2004

Rebecca Goodwin Deardorff

Director, Rules Coordination Office

OTS-7086.1


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-160   University of Washington libraries -- Loan code ((for the University of Washington libraries)) -- Purpose.   The board of regents of the University of Washington has established the following regulations which govern the lending of library material from the University of Washington libraries (excluding the Marian Gould Gallagher Law Library and the Elisabeth C. Miller Library in the center for urban horticulture).

The loan code for the University of Washington libraries is contained in WAC 478-168-160 through 478-168-390.

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-160, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-160, filed 9/7/79; Order 73-1, 478-168-160, filed 1/8/73.]


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-180   Identification card -- Conditions of use.   (1) Each borrower is responsible for obtaining an official identification card from the appropriate university office or a library borrower's card from the library cashier ((section, Suzzallo Library)).

(2) An identification card is authorized for use only by the individual whose name appears on the card.

(3) Official identification must be presented for the completion of each in-person circulation transaction.

(4) Each borrower is responsible for materials checked out on his/her University of Washington identification card or library borrower's card. Library materials are not to be loaned to others except as designated in WAC 478-168-180(6).

(5) Campus borrowers are responsible for keeping the registrar or payroll office informed of changes of address. Off-campus borrowers are responsible for keeping the ((libraries)) library cashier informed of changes of address.

(6) Each University of Washington faculty, academic personnel, administrative personnel, professional staff, visiting scholar, and other individuals as authorized by the director of university libraries, may designate up to two proxies or couriers for the purpose of picking up materials for his/her use.

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-180, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-180, filed 9/7/79; Order 73-1, 478-168-180, filed 1/8/73.]


AMENDATORY SECTION(Amending Order 79-4, filed 9/7/79)

WAC 478-168-190   Disclosure of ((borrower)) library user identity.   ((The name or address of the borrower who has or had an item checked out or who has placed a hold on an item checked out or who has placed a hold on an item will not be disclosed to other borrowers.

In cases where the normal hold and recall procedures do not meet the borrower's need, the library will attempt to expedite return of material.)) Unless otherwise required by law, all library records that contain information about individual users of library services are confidential.

[Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-190, filed 9/7/79; Order 73-1, 478-168-190, filed 1/8/73.]


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-270   Date library material is due.   (((1))) Material is due on the date and hour specified at the time checked out or as adjusted by recall. If the hour is not specified, material is due at midnight on the date specified.

(((2) Material checked out on indefinite loan becomes due one month from the date of issue of an indefinite loan report if the report is not signed and returned within that time. All materials on indefinite loan become due upon termination of employment with the university.))

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-270, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-270, filed 9/7/79; Order 73-1, 478-168-270, filed 1/8/73.]


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-310   Fines and charges.   (1) All borrowers are subject to a uniform system of fines and charges for late return of library material and for replacement costs when required. The director of university libraries or his/her designee will set the schedule of fines and charges on a regular basis.

(2) ((Nonreserve fines are monetary sanctions for the late return of material requested by another borrower or library unit. Reserve)) The approved schedule of fines and charges will be available online and in the Libraries Operations Manual.

(3) Fines are monetary sanctions for the late return of material. Fines are levied only when an overdue item is returned prior to billing.

(((3))) (4) Billing charges are levied to defray the costs incurred by the libraries in billing, processing sanctions, and other activities related to the recovery of material that is substantially overdue.

(((4))) (5) Replacement charges are levied to pay for the replacement of substantially overdue material. The replacement charges include the cost of the material and the cost of processing the material for the shelves. All library materials, regardless of fines and fees paid, remain state property.

(((5))) (6) Binding, mending and damage charges are levied to repair material, to prepare replacement materials for circulation or to compensate for the decreased value of materials due to irreparable damage.

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-310, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-310, filed 9/7/79; Order 73-1, 478-168-310, filed 1/8/73.]


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-320   Notices and invoices.   (1) ((An overdue notice for nonreserve material will be sent at least one week in advance of the billing date for replacement charges.

(2))) All notices and invoices for library charges will be sent via United States first class, campus or electronic mail.

(((3))) (2) Failure to receive a notice or invoice does not exempt the borrower from charges.

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-320, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-320, filed 9/7/79; Order 73-1, 478-168-320, filed 1/8/73.]


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-325   Payment of fines and charges.   Fines and charges should be ((paid at or sent)) remitted to the library cashier ((in the Suzzallo Library)) unless the charges have been referred to the collection agency. ((Payment may be made by cash or check.)) Departmental purchase orders are not acceptable on the basis that fines and charges may not be appropriately paid by departmental, grant or other funds controlled by the university.

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-325, filed 6/28/95, effective 9/18/95.]


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-380   Appeal of library charges.   (1) ((Except for cancellation of replacement charges as defined in WAC 478-168-350 (1), (2) and (3), library charges are noncancellable except as determined by the appeal procedure or in cases of library error. Appeals are adjudicated by the library fines appeals committee, a committee composed of faculty and students. The faculty member serves as chair.)) The library has the right to reduce or forgive fines and charges for borrowers in accordance with the guidelines specified in the Libraries Operations Manual. Borrowers can appeal unresolved problems to the library fines appeals committee.

(2) The libraries inform potential appellants of the availability of the appeals process at the time of billing and in all correspondence regarding the application of sanctions. ((Appeal of library charges may be filed by securing an appeal form from the unit which levied the charges and submitting the completed form to the library cashier.))

(3) Meetings of the libraries fines appeals committee are considered brief adjudicative procedures as defined by the Administrative Procedure Act (chapter 34.05 RCW). Committee meetings are conducted in conformance with the act and other applicable laws.

(4) A completed appeals form must be submitted within six months of billing for the charges to be appealed.

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-380, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-380, filed 9/7/79; Order 73-1, 478-168-380, filed 1/8/73.]


AMENDATORY SECTION(Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)

WAC 478-168-390   Failure to pay library charges and misuse of library privileges.   (1) Failure to pay library charges and/or return library material may result in:

(a) Holds being placed on student records.

(b) Cancellation or blocking of registration for students.

(c) Collection processing by the libraries and/or campus agencies designated by the University of Washington. Such accounts may also be reported to credit bureaus and/or litigation instituted.

(d) Revocation of borrowing privileges.

(e) Civil or criminal action against the borrower.

(f) Any combination thereof.

(2) Misuse of library privileges may result in revocation of borrowing privileges by the director of university libraries or his/her designee.

[Statutory Authority: RCW 28B.15.031 and 28B.20.130. 95-14-045, 478-168-390, filed 6/28/95, effective 9/18/95. Statutory Authority: RCW 28B.20.130(1). 79-10-016 (Order 79-4), 478-168-390, filed 9/7/79; Order 73-1, 478-168-390, filed 1/8/73.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 478-168-170 Library borrowers.
WAC 478-168-200 Loan periods.
WAC 478-168-290 Holds.
WAC 478-168-294 Recalls.
WAC 478-168-298 Searches.
WAC 478-168-300 Renewal of library material.
WAC 478-168-340 Replacement charges.
WAC 478-168-345 Billing charges.
WAC 478-168-350 Adjustment to replacement charges.
WAC 478-168-360 Binding charges.

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