PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-01-001.
Title of Rule and Other Identifying Information: New chapter for animal control (chapter 478-128 WAC, Animal control at the University of Washington); repealing former animal control sections (from chapter 478-124 WAC, General conduct code for the University of Washington); and housekeeping amendments to the brief adjudications section (WAC 478-108-010 Matters subject to brief adjudication) for the University of Washington.
Hearing Location(s): Room 309 Husky Union Building (HUB), University of Washington, Seattle, WA 98195, on February 12, 2009, at 12:00 noon.
Date of Intended Adoption: March 19, 2009.
Submit Written Comments to: Rebecca Goodwin Deardorff, Director of Rules Coordination, Rules Coordination Office, Box 355509, University of Washington, Seattle, WA 98195, e-mail rules@u.washington.edu, fax (206) 221-6917, by February 12, 2009.
Assistance for Persons with Disabilities: Contact disability services office by January 28, 2009, TTY (206) 543-6452 or (206) 543-36450 [543-6450].
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new chapter 478-128 WAC, Animal control at the University of Washington, removes the animal control rules from their current location as sections in chapter 478-124 WAC, General conduct code for the University of Washington, and creates a stand-alone chapter for this subject matter. The proposal also updates WAC 478-108-010 Matters subject to brief adjudication, by adding a subject previously missing, amending chapter references pertaining to the new animal control chapter, and removing a subsection that is no longer accurate.
The University of Washington's animal control rules have not been amended since 1973, prior to the university's growth to a multiple-campus system, and contain references that are exclusive to the city of Seattle's animal enforcement codes. These proposed rules are revised to be relevant in all University of Washington locations; to update language concerning guide dogs and service animals based upon current legal definitions, and add service animals in training; and to include working animals under the control of university employees or other security and emergency personnel.
Reasons Supporting Proposal: A University of Washington animal control policy task force was formed to review and amend the university's WAC rules. This task force represented key personnel from all University of Washington campuses, medical centers, and various off-campus research locations and met on several occasions over the course of two years to amend and clarify the proposed new WAC rules.
Statutory Authority for Adoption: RCW 28B.20.130.
Statute Being Implemented: RCW 28B.20.130 for all sections; in addition, chapter 34.05 RCW for WAC 478-108-010.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: University of Washington, governmental.
Name of Agency Personnel Responsible for Drafting: Rebecca Goodwin Deardorff, Director for Rules Coordination, 22E Gerberding Hall, University of Washington, Seattle, WA, (206) 543-9219; Implementation: Eric Godfrey, Vice Provost for Student Life, 476 Schmitz Hall, University of Washington, Seattle, WA, (206) 543-0128; and Enforcement: Ray Wittmier, Interim Chief of Police, 1117 N.E. Boat Street, University of Washington, Seattle, WA, (206) 616-2114.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are not considered significant legislative rules by the University of Washington.
December 19, 2008
Rebecca Goodwin Deardorff
Director of Rules Coordination
OTS-2064.1
AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02,
effective 8/24/02)
WAC 478-108-010
Matters subject to brief adjudication.
This rule is adopted in accordance with RCW 34.05.479 through
34.05.494, the provisions of which are hereby adopted. Brief
adjudicative procedures shall be used in all matters related
to:
(1) Appeals from residency classifications under RCW 28B.15.013 as established in chapter 478-160 WAC;
(2) Appeals from traffic ((and)), parking violations and
skateboard impoundment as provided for in chapters 478-116,
478-117 and 478-118 WAC;
(3) Challenges to contents of educational records as provided for in chapter 478-140 WAC;
(4) Proceedings under the animal control policy as
detailed in chapter ((478-124)) 478-128 WAC;
(5) Requests for reconsideration of admission decisions as provided for in chapter 478-160 WAC;
(6) Appeals of library charges as provided in chapter 478-168 WAC;
(7) Reviews of denials of public records requests as provided in chapter 478-276 WAC;
(8) Federal financial aid appeals as provided for by federal law; and
(9) Collection of outstanding debts owed by students or
employees((; and
(10) Appeals from areas exempt from the rules requirements of chapter 34.05 RCW including standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships (except for all aspects of faculty and librarian employment relationships), and fiscal processes)).
[Statutory Authority: Chapter 34.05 RCW. 02-15-174, § 478-108-010, filed 7/24/02, effective 8/24/02; 02-08-023, § 478-108-010, filed 3/26/02, effective 5/1/02; 90-15-005, § 478-108-010, filed 7/6/90, effective 8/6/90.]
OTS-2063.1
ANIMAL CONTROL AT THE UNIVERSITY OF WASHINGTON
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"Imminent danger" means a threat to human and/or animal life or university property that is immediate or reasonably foreseeable under the circumstances.
"Organic debris" means animal feces, urine, vomit, blood, etc.
"Owner" means any person having an interest in or right of possession to an animal, or any person having control, custody, or possession of an animal.
"Running at large" means to be off the owner's residential premises and not under the owner's direct control.
"Service animal" means an animal, including guide dogs, individually trained to do work or perform tasks for the benefit of an individual with a disability, as defined by applicable state and/or federal laws, which includes but is not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing, providing minimal protection, pulling a wheelchair, or fetching dropped items.
"Service animal in training" means an animal that is being trained for the purpose of assisting or accommodating an individual with a disability as defined by applicable state and/or federal laws.
"University property" means property that the university owns as well as property that the university operates, leases, rents, or otherwise controls.
"Working animal" means an animal that is trained for specific tasks and under the control of police, security or emergency personnel, or other university employees or agents. Examples of working animals include, but are not limited to, patrol, rescue, or sentry dogs and therapy animals.
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(2) Except as provided in (a) through (e) of this subsection, no animals shall be allowed in any buildings or structures the university owns, operates, leases, rents, or controls.
(a) "Service animals" and "service animals in training" may be permitted consistent with university policies, and/or state and federal laws.
(b) Working animals under the control of police, security or emergency personnel, or a trained university employee may be permitted for specific functions consistent with the animal's training.
(c) Pets may be permitted in university residences for students, employees, patient's families, and the general public, consistent with housing agreements and policies established for each residence facility.
(d) The recognized university mascot, properly leashed, may be permitted at appropriate university assemblages in auditoria, ballrooms, dining areas, and at athletic events.
(e) Animals included as part of special events may be permitted, subject to guidelines established for specific university facilities and those established by the use of university facilities committee in accordance with chapters 478-136 and 478-137 WAC (for example, hosting a visiting team's animal mascot at Husky football games).
(3) Further restrictions to animals may apply to specific areas of university property, consistent with university policies and/or state and federal laws, including, but not limited to, food preparation areas, animal research facilities and grounds, medically sensitive patient and clinic areas, and biologically sensitive or hazardous research sites.
(4) No animal shall be permitted to run at large on university property. Animals that are tethered in the owner's absence and not under the owner's direct control are also considered to be "running at large."
(5) No animal shall be permitted to enter any pond, fountain, or stream located on university property.
(6) No animal which emits frequent or long-continued noise so as to disturb or disrupt normal administrative or academic routine shall be permitted on university property. Moreover, any animal that places human and/or animal life or university property in imminent danger shall be removed immediately from university property.
(7) Fecal matter or other organic debris deposited by animals must be removed immediately and properly disposed of by the animal's owner.
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(2) Owners found in violation of any provision of this chapter may be cited, banned from any university property, or otherwise fined or penalized as provided under applicable university, city, county, or state rules, regulations, or laws.
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OTS-2068.1
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 478-124-060 | Animal control policy -- Purpose. |
| WAC 478-124-070 | Animal control policy -- Definitions. |
| WAC 478-124-080 | Animal control policy -- Animal control. |
| WAC 478-124-090 | Animal control policy -- Enforcement. |
| WAC 478-124-100 | Animal control policy -- Penalties. |