WSR 08-09-036

PROPOSED RULES

THE EVERGREEN STATE COLLEGE


[ Filed April 9, 2008, 9:21 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-01-130.

Title of Rule and Other Identifying Information: Chapter 174-168 WAC, Library circulation policy.

Hearing Location(s): The Evergreen State College, Daniel J. Evans Library, Room 3301, 2700 Evergreen Parkway N.W., Olympia, WA 98505, on May 28, 2008, at 1:00 p.m.

Date of Intended Adoption: June 30, 2008.

Submit Written Comments to: Lee Lyttle, Dean of Library Services, The Evergreen State College, Library 2309, Olympia, WA 98505, e-mail lyttlel@evergreene.edu, fax (360) 867-6678, by May 26, 2008.

Assistance for Persons with Disabilities: Contact John Carmichael by May 23, 2008, TTY (360) 867-6834 or (360) 867-5100.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revision to the library circulation rules eliminates obsolete and redundant language. The schedule of library fines is removed from the WAC and would be published on the college web site.

Reasons Supporting Proposal: The proposed revision to the library circulation rules would make library circulation rules more consistent with best practices in the field and would eliminate obsolete and redundant language.

Statutory Authority for Adoption: RCW 28B.40.120.

Statute Being Implemented: None.

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

Name of Proponent: The Evergreen State College, public.

Name of Agency Personnel Responsible for Drafting: John Carmichael, Sem I Annex A, 2700 Evergreen Parkway N.W., Olympia, WA, (360) 867-5100; Implementation and Enforcement: Lee Lyttle, Library 3509, 2700 Evergreen Parkway N.W., Olympia, WA, (360) 867-6678.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule imposes no costs on small businesses as defined by chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328. The Evergreen State College is not among the agencies required to prepare a cost-benefit analysis as specified in RCW 34.05.328.

April 3, 2008

J. P. Carmichael

Rules Coordinator

OTS-1432.2


AMENDATORY SECTION(Amending WSR 90-13-028, filed 6/12/90, effective 7/13/90)

WAC 174-168-020   Loan periods and fines.   (1) General use library resources (print and nonprint).

(a) Polices for handling requests for library resources, including a schedule of fines and charges, will be published on the college web site. Requests for library resources will be handled according to college policies and any licensing or contractual agreements to which the college is a party.

(b) Due dates will not exceed one academic quarter. ((Requests for extended loan periods should be cleared through the head of circulation. Renewals should be requested)) Users should request renewals before due date.

(((b))) (c) Users are guaranteed the use of the material for ((ten days)) a period defined by policy, after which ((it)) the material may be recalled to meet the needs of another user. ((A five dollar service charge will be levied if the recall due date is not honored. If an item is not returned within sixty days, a replacement charge and processing fee will be levied.

(2) Limited use library resources.

(a) Limited use library resources (e.g., video tapes) will only be loaned for specific periods.

(b) Slides are checked out for showings only.

(c) 16mm films and video cassettes will be checked out for showings only and are circulated through the services of the Washington state film library.

(d))) The library will levy a fine if the user fails to return material by the recall date. In addition, if material is not returned within a specified period after the due date, the library will levy an additional fine.

(d) Special collections (print and nonprint) include, but are not limited to the following materials: Rare books, 16mm, reference, archives, DVD, and videotapes. These materials either do not circulate or are available for shorter loan periods. Some materials may require special permission or training before access is granted. If a special collection item is released for circulation and the item is not returned within a specified period after the due date, the library will levy a fine.

(2) Media services resources.

(((i))) (a) The Evergreen State College will adopt policies for handling requests for media services and resources and will publish those policies, including a schedule of fines or service charges, on the college web site. Requests for media resources and services will be handled according to college policies.

(b) Media services resources may be borrowed by members of the college community. The first priority for use of media services resources is for coordinated and contracted studies and evening and weekend studies. ((Resource requests will be handled by and administered in accordance with policy formulated by the coordinator of media services.

(ii) Charges consistent with current commercial rates will be made to users outside The Evergreen State College community and to nonacademic)) (c) Media services may be provided to persons outside the college community. Charges for such services will reflect the cost to the college and the price of such services in the private marketplace. Reduced charges will apply for college-sponsored nonacademic programs, workshops, ((seminars, conferences)) auxiliary services or self-sustaining programs.

(((e) Portable media loan equipment. Media loan circulates audio/visual equipment to students, staff, and faculty of the college to support academic work and college business. The first priority for use of media loan resources is for coordinated and contracted studies. Borrowers are liable for loss or damage of equipment and any associated processing fees.

(i) Media loan reserves the right to deny privileges if a borrower is in violation of state operating procedures (see media loan policy statement). Campus security may be asked to contact the borrower in cases where equipment is more than two weeks overdue.

(ii) To assure borrowers that equipment will be available for reservations, overdue fines will be assessed for late equipment. Fines are uniform regardless of the kind of equipment. A three dollar charge per transaction will be levied when equipment is one day overdue. A five dollar additional charge will be levied once a week for the next two weeks. If equipment is more than two weeks overdue, the borrower may lose privileges and twenty dollars weekly fines (up to the cost of the items) will be assessed until the equipment is returned.

(iii) If the borrower keeps equipment out over the end of the academic quarter, the replacement cost and a two dollar service fee will be charged to his or her account. This replacement fee will be rescinded when the equipment is returned, but accumulated overdue fees and service fees will be not rescinded.

(iv) When equipment is returned and all fees and charges have been paid, a borrower may make an appointment with the head of media loan to review policies and procedures in order to determine if borrowing privileges may be restored.

(v) Late fees, replacement charges and service fees are deposited in a library account for replacement of media loan equipment.

(vi) Charges will be made to funded workshops, seminars, conferences or self-sustaining programs. Charges will be consistent with current commercial rates.

(vii) Borrowers may be required to carry insurance for large packages of equipment (the college has no insurance). Insurance is a requirement if equipment is to leave the country.

(f) Other library resources can circulate by special arrangement with the head of circulation or appropriate account manager and are subject to recall and replacement charges.)) (d) Borrowers may be required to carry insurance for high demand or high cost equipment for an extended loan period, or if the equipment is taken outside the country.

(e) College policies will specify overdue fines and will be published on the college's web site. After an initial overdue fine is levied, additional, daily fines may be levied if the equipment is not returned. Daily fines may accumulate up to the replacement value of the item(s).

(f) Media loan reserves the right to deny privileges if a borrower is in violation of any media loan policy. Borrowers are liable for loss or damage of equipment and any associated overdue fines. The library may ask campus police to contact borrowers in cases when equipment is overdue.

(g) When equipment is returned and all fines have been paid, a borrower may request reinstatement of borrowing privileges.

(3) Borrowers who repeatedly ignore the rights of other borrowers or abuse the responsibilities inherent in sharing library resources with the rest of the Evergreen community((, shall be denied the privilege of borrowing those resources for the remainder of the quarter)) may be denied the privilege of borrowing media and library resources for a period of time determined by the circulation manager or media services manager or their designees. Appeals of decisions by the circulation manager or media services manager or their designees must be made in writing within twenty calendar days to the dean of library and media services.

[Statutory Authority: Chapter 34.05 RCW. 90-13-028, 174-168-020, filed 6/12/90, effective 7/13/90.]


AMENDATORY SECTION(Amending WSR 90-13-028, filed 6/12/90, effective 7/13/90)

WAC 174-168-030   Lost and damaged library resources.   (1) The borrower is responsible for ((loss.

(2) The borrower is responsible for damage.

(3))) lost or damaged resources.

(2) The borrower is responsible for the proper operation of media loan equipment.

(((4) It is the borrower's responsibility to pay for lost resources before the end of the quarter. The cost of lost resources shall be their replacement value and a processing fee (twelve dollars for library books).)) (3) When a borrower reports an item as lost or fails to return an item within a specified time, or when a borrowed item must be replaced due to damage, the borrower will be charged the full replacement value of the item. The method of determining the replacement value of items is established by college policy and published on the college web site.

[Statutory Authority: Chapter 34.05 RCW. 90-13-028, 174-168-030, filed 6/12/90, effective 7/13/90.]


AMENDATORY SECTION(Amending WSR 90-13-028, filed 6/12/90, effective 7/13/90)

WAC 174-168-070   Circulation records.   ((In order to prevent an unreasonable invasion of personal privacy (including but not limited to RCW 42.17.260 and 42.17.310) all records relating to the registration of patrons and their requests for use and subsequent circulation of materials by The Evergreen State College library are hereby deemed confidential, regardless of the source of inquiry or request for information.)) Unless otherwise required by law, all library records that contain information about individual users of library services are confidential as provided in RCW 42.56.310.

[Statutory Authority: Chapter 34.05 RCW. 90-13-028, 174-168-070, filed 6/12/90, effective 7/13/90.]


AMENDATORY SECTION(Amending WSR 90-13-028, filed 6/12/90, effective 7/13/90)

WAC 174-168-080   Selection of resources and services.   It is the policy of The Evergreen State College to select for its library the best and most suitable library materials, library equipment, and library services. The college expressly rejects any form of selection based on censorship of materials or prejudicial considerations based upon race, color, religion, creed, national origin, sex, ((national origin, or political view point)) sexual orientation, gender identity, gender expression, marital status, age, disability, pregnancy, or status as a disabled veteran, a Vietnam era veteran or other covered veteran.

[Statutory Authority: Chapter 34.05 RCW. 90-13-028, 174-168-080, filed 6/12/90, effective 7/13/90.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 174-168-040 Reserve.
WAC 174-168-050 Charging out library resources.
WAC 174-168-060 Interlibrary loan.

Washington State Code Reviser's Office