WSR 07-04-090

PROPOSED RULES

EVERETT COMMUNITY COLLEGE


[ Filed February 6, 2007, 12:41 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-20-048.

Title of Rule and Other Identifying Information: Chapter 132E-400 WAC, Loss of eligibility -- Student athletic participation, updating Everett Community College (EvCC) student athletic participation general policies.

Hearing Location(s): Everett Community College Campus, Parks Building, Conference Room A, 2000 Tower Street, Everett, WA 98201, on March 13, 2007, at 12:30 p.m.

Date of Intended Adoption: March 15, 2007.

Submit Written Comments to: Juli Boyington, 2000 Tower Street, Everett, WA 98201, e-mail jboyington@everettcc.edu, fax (425) 388-9228, by March 9, 2007.

Assistance for Persons with Disabilities: Contact Kathy Cook by March 9, 2007, TTY (425) 388-9438.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To provide current and updated rules related to student athletic participation.

Statutory Authority for Adoption: Chapters 28B.50 and 28B.10 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rich Haldi, Parks Building on the EvCC campus, (425) 388-9588.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328. No costs apply.

January 30, 2007

Juli Boyington

Records Officer

OTS-9455.1


AMENDATORY SECTION(Amending WSR 01-02-043, filed 12/28/00, effective 1/28/01)

WAC 132E-400-020   Suspension procedure -- Right to informal hearing.   Any student notified of a claimed violation of WAC 132E-400-010 shall have the right to a brief adjudicative hearing if a written request for such a hearing is received by the vice-president for student services or designee within three days of receipt of a declaration of further athletic ineligibility. If no written request is received within three days after receipt of the declaration of athletic ineligibility, the student will be deemed to have waived any right to a brief adjudicative hearing and will be declared ineligible from further participation in school-sponsored athletic events for the remainder of the school year.

[Statutory Authority: RCW 28B.50.140 and 34.05.356. 01-02-043, 132E-400-020, filed 12/28/00, effective 1/28/01. Statutory Authority: Chapter 69.41 RCW, 1989 amendment. 90-09-005, 132E-400-020, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 01-02-043, filed 12/28/00, effective 1/28/01)

WAC 132E-400-030   Hearing.   If a timely written request for a hearing is made, the vice-president for student services or designee shall designate a hearing officer who shall be a college officer who is not involved with the athletic program to conduct the brief adjudicative hearing. The hearing officer shall promptly conduct the hearing and permit affected parties to explain both the college's view of the matter and the student's view of the matter. The brief adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act, RCW 34.05.482 through 34.05.494.

[Statutory Authority: RCW 28B.50.140 and 34.05.356. 01-02-043, 132E-400-030, filed 12/28/00, effective 1/28/01. Statutory Authority: Chapter 69.41 RCW, 1989 amendment. 90-09-005, 132E-400-030, filed 4/5/90, effective 5/6/90.]

Washington State Code Reviser's Office