WSR 10-04-072

PERMANENT RULES

EASTERN WASHINGTON UNIVERSITY


[ Filed February 1, 2010, 11:59 a.m. , effective March 4, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The proposal clarifies chapter 172-139 WAC by adding a purpose statement and updating language to reflect current organizational structure and practices. These changes are necessary to reflect current organizational titles and business practices, and to clarify the scope of the rule.

Citation of Existing Rules Affected by this Order: Amending chapter 172-139 WAC.

Statutory Authority for Adoption: RCW 28B.35.120(12).

Adopted under notice filed as WSR 10-01-148 on December 22, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 4, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 29, 2010.

Trent Lutey

University Policy Administrator

Chapter 172-139 WAC

Commercial activities


NEW SECTION
WAC 172-139-005   Purpose.   This chapter establishes standards for the conduct of commercial activities on Eastern Washington University property by external persons or organizations. This includes property and facilities that are owned, operated, or otherwise controlled by Eastern Washington University.

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AMENDATORY SECTION(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)

WAC 172-139-010   Commercial activities.   Eastern Washington University facilities shall not be used for commercial solicitation, advertising, or promotional activities except when the activities clearly serve educational objectives.((,)) Examples of acceptable activities include ((ing but not limited to)) the display of books of interest to the academic community, ((or)) the display or demonstration of technical or research equipment, or ((and when the)) other commercial activities that relate to educational objectives. In all cases, such commercial activities must be ((and are)) conducted under the sponsorship or at the request of a university department or of a ((the executive)) vice-president or authorized designee. Approved((: Provided, That)) commercial activities shall not interfere with or operate to the detriment of the conduct of university affairs or the free flow of pedestrian or vehicular traffic.

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-010, filed 10/16/92, effective 11/16/92.]


AMENDATORY SECTION(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)

WAC 172-139-020   Commercial activities in the Pence Union Building.   Exceptions to WAC 172-139-010 are granted for the Pence Union Building (PUB) subject to the following provisions:

(1)((: Provided, That)) Any commercial ((the)) activity conducted under this section shall ((does)) not duplicate services provided by the university.

(2) Vendors, organizations, or individuals must obtain ((and prior)) approval ((is obtained)) from the director of the student union building prior to conducting any commercial activity ((auxiliary services)).

(3) The University shall charge ((V))vendors ((are assessed charges)) for use of ((the)) PUB facilities.

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-020, filed 10/16/92, effective 11/16/92.]


AMENDATORY SECTION(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)

WAC 172-139-030   Handbills.   (1) No person shall place in or on any vehicle parked on the university campus, any handbill, except as provided in subsection (3)(((2)(c))) of this section.

(2) For the purposes of this chapter, the following definition applies: A "handbill" is any printed or written matter, sample, or device which:

(a) Advertises for sale any merchandise, product, service, or commodity; or

(b) Directs attention, either directly or indirectly, to any business or mercantile or commercial establishment, or other activity, for the purpose of promoting an interest in sales or use; or

(c) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit.((: Provided, That t))

(3) The terms of this ((clause)) section shall not apply to a university-sponsored activity for which the handbills have been approved for such distribution by the ((director of student)) Associate Vice President for ((a))Auxiliary and Business ((s))Services ((in the Pence Union Building)).

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-030, filed 10/16/92, effective 11/16/92.]


AMENDATORY SECTION(Amending WSR 92-21-043, filed 10/16/92, effective 11/16/92)

WAC 172-139-040   Penalties for violations of commercial activities regulations.   (1) Any violation of this chapter by a student of Eastern Washington University is a violation of the student conduct code, WAC 172-121-200((0-040)).

(2) Nonstudents violating this chapter may be referred to civil authorities for appropriate prosecutions, including violations of the laws of criminal trespass and/or litter control.

[Statutory Authority: RCW 28B.35.120. 92-21-043, 172-139-040, filed 10/16/92, effective 11/16/92.]

Washington State Code Reviser's Office