WSR 11-15-071

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed July 19, 2011, 9:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-11-044.

Title of Rule and Other Identifying Information: The university is updating the library policies, rules and regulations.

Hearing Location(s): Lighty 401, WSU Pullman, Pullman, Washington, on September 1, 2011, at 4:00 p.m.

Date of Intended Adoption: October 7, 2011.

Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail jenks@wsu.edu, fax (509) 335-3969, by September 1, 2011.

Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by August 30, 2011.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update and clarify the library policies, rules and regulations, including but not limited to, administration and use of the library and library materials. These changes include repeal of chapter 504-40 WAC and creation of new chapter 504-41 WAC.

Statutory Authority for Adoption: RCW 28B.30.150.

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

Name of Proponent: Washington State University, public.

Name of Agency Personnel Responsible for Drafting: Elizabeth Blakesley, Associate Dean, Libraries, Holland Library 221, Pullman, WA 99164-5610, (509) 335-6134; Implementation and Enforcement: Jay Starratt, Dean, Libraries, Holland Library 221, Pullman, WA 99164-5610, (509) 335-4558.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

July 19, 2011

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-4157.2

Chapter 504-41 WAC

LIBRARY POLICIES, RULES, AND REGULATIONS


NEW SECTION
WAC 504-41-010   General provisions.   (1) The board of regents of Washington State University (WSU) establishes the following regulations to govern the use of the Washington State University libraries. These regulations apply to all library facilities operated by the Washington State University library and govern the services, schedules, and premises of the Washington State University library.

(2) The dean of the library and his or her designee have the authority to grant exceptions to these rules with respect to library business hours, borrowing and return provisions, and fine and charges provisions.

(3) Violating WSU library regulations may subject the violator to appropriate disciplinary action by the WSU administration and/or the office of student standards and accountability.

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NEW SECTION
WAC 504-41-015   Definitions.   (1) "Borrow" means any action to obtain authorization to use the materials for a period of minutes, hours, or days. Materials on reserve or which are otherwise restricted in use to a library's premises are considered borrowed if the individual user is required to register to access the materials.

(2) "Classification" means an individual's official relationship with the university which may include, but is not limited to faculty, associate, staff, graduate student, undergraduate student, or community member.

(3) "Dean" means the administrator appointed by the university president or board of regents as the chief executive of the WSU library system.

(4) "Library" means the WSU libraries generally.

(5) "Materials" means any library document or item which the library allows patrons to borrow or access, including those accessed electronically.

(6) "Proxy" means an individual authorized to function or act as a substitute borrower for a specific faculty member, staff member, or other patron.

(7) "Recall" means an instruction to return material to the library facility or location from which it was removed or borrowed.

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NEW SECTION
WAC 504-41-020   Use of the library.   (1) The university may establish policies for the use of library facilities which may include, but are not limited to, policies on patron behavior within the facilities, food and beverage policies, policies to prevent damage or loss of books and materials, noise control policies, and use of equipment policies. The policies on use of the library facilities are posted in a conspicuous location at each library facility and on the university web site.

(2) Library personnel may impose restrictions on patrons who violate library policy. Library personnel refer serious or repeat violations of library rules and policies to the appropriate authorities which may include, but are not limited to law enforcement, Washington State University administrators, and the office of student standards and accountability.

(3) Library personnel may inspect briefcases, book bags, and other containers when users leave a university library.

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NEW SECTION
WAC 504-41-025   Use of library materials.   (1) The dean adopts a schedule of borrowing periods for materials. The periods are established based on the type of materials, the classification of borrower, and the borrower's history, if any, of violations of library policies.

(2) The university may adopt a policy which establishes a system for specified users to borrow by proxy. Proxy borrowing may be limited by the borrower's classification or other factor as designated by the dean. The borrower who authorizes a proxy remains responsible for materials borrowed by the authorized proxy.

(3) The university may establish policies to restrict the use of materials to a designated location and/or to handling standards that may assist in the preservation of the materials and effective allocation of library resources.

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NEW SECTION
WAC 504-41-030   Business hours.   (1) Scheduled business hours are posted at each respective library facility. A change to business hours must be posted fourteen days before the change is effective unless the change is governed by subsection (2) of this section.

(2) The library may close on legal and university holidays. The dean or his or her designee may make temporary changes to library hours without notice. The dean or his or her designee may declare unscheduled closures. Unscheduled closures must be for good cause, which may include natural disasters, staffing, or physical plant problems.

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NEW SECTION
WAC 504-41-035   Borrower identification.   (1) The university establishes a policy to allow effective identification of each borrower, including verification of the identity of a patron borrowing materials through electronic communication with the library.

(2) An individual's valid CougarCard provides sufficient identification if presented at the circulation desk. The circulation desk may, in its discretion, allow an individual to borrow materials using his or her WSU identification number and picture identification.

(3) A patron may apply for a borrower card at the circulation desk of a WSU library. The circulation desk may request satisfactory picture identification before accepting a borrower card to identify the borrower.

(4) A patron is responsible for all materials borrowed using his or her WSU CougarCard, borrower card, or electronic verification information. A patron should notify the library or appropriate WSU authorities of the loss of a borrower card, CougarCard, or other WSU-issued identifying information.

(5) If a patron wishes to not be held responsible for the use of his or her identifying information or card because that identifying information or card was used without the patron's permission, the patron is responsible to produce sufficient documentation of the misuse to the dean or library staff member(s) authorized to evaluate such documentation.

(6) Each borrower must keep the library informed of changes of name, permanent address, e-mail address, telephone number, and classification with WSU.

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NEW SECTION
WAC 504-41-040   Disclosure of library user identity.   Unless otherwise required by law, all library records that contain information about individual users of library services are confidential.

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NEW SECTION
WAC 504-41-045   Borrowing rules.   (1) Borrowers and library patrons must comply with posted library policies on the terms of borrowing, including requests for holding materials or placing materials on reserve.

(2) Misuse of library privileges may result in revocation of borrowing privileges by the dean or his or her designee.

(3) Materials are 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. Fines are assessed for materials returned after the designated date and/or time due. Replacement charges and a nonrefundable service charge are assessed for materials which are damaged or not returned to the library within thirty days of the date due.

(4) All materials are subject to recall at any time, and all users may be fined for failing to return recalled material.

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NEW SECTION
WAC 504-41-050   Return of materials.   (1) Reserve material must be returned directly to the unit from which it is borrowed. If it is returned elsewhere, it is considered to be returned at the time it is received at the unit from which it was borrowed. Special material may be designated for return directly to the unit from which it is borrowed.

(2) All other material is considered returned on the date it is returned to any library unit in the system and presented at the circulation desk or placed in a book drop or receptacle provided for and marked as a material's return location.

(3) Material returned to the outside book drop when the library unit is closed is considered returned as of closing time the previous day that the library was open.

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NEW SECTION
WAC 504-41-055   Fines and charges.   (1) The dean or his or her designee establishes a schedule of fines for materials not returned by the due date or time and for materials which are damaged or lost by a patron or borrower. Fines are in addition to replacement charges and repair charges, which are based on the actual cost of such replacement or repair. All patrons and borrowers are subject to the established fines and charges. The established schedule of fines and charges is available on the library web page and at the circulation desk of each library facility.

(2) Replacement charges are levied to pay for the replacement of materials more than ninety days overdue. The replacement charges include the cost of the material and the cost of processing the material for the shelves. Regardless of the amount of fines, fees, and charges that a borrower pays, all library materials remain state property.

(3) 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.

(4) Fines are monetary sanctions imposed for the failure to return materials to the library by the designated time or date. Materials due on a designated date must be returned before the library's close of business on that day. Materials due at a designated time are overdue if returned to the unit from which it was borrowed more than five minutes after that time.

(5) Fines, charges, and/or unpaid fees levied by the library are a debt to Washington State University. All policies and law applicable to university debts apply to the fines, charges, and unpaid fees.

(6) The library may levy reasonable charges to defray the costs incurred by the library in billing for fines, charges, and unpaid fees.

(7) The library sends all notices and invoices for fines, charges, and unpaid fees by United States first class, campus, or electronic mail. A library patron or borrower owes the fines, charges, and fees invoiced even if the patron or borrower does not receive a notice or invoice for those amounts.

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NEW SECTION
WAC 504-41-057   Payment of fines, fees, and charges.   (1) Individuals are to remit payment of fines, fees, and charges to the WSU cashier unless the university refers the charges to a collection agency.

(2) Departmental, grant, or other funds controlled by the university may not be used to pay fines, fees, and charges.

(3) Failure to pay library fines, charges, and fees and/or failure to return library material by the end of the semester in which the materials are due may result in:

(a) Holds being placed on student records;

(b) Cancellation or blocking of registration for students;

(c) Collection processing by the library and/or campus agencies or a referral to a collection agency;

(d) Revocation of borrowing privileges;

(e) Civil or criminal action against the borrower; or

(f) Any combination thereof.

(4) The dean or his or her designee has the right to reduce or forgive fines and charges for borrowers in accordance with guidelines established by the dean.

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OTS-4156.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 504-40-010 General policies.
WAC 504-40-020 Library patron identification.
WAC 504-40-030 Internal use of library materials, facilities, and services.
WAC 504-40-045 External use of library resources.
WAC 504-40-055 Loan time periods.
WAC 504-40-060 Fines and charges.

Washington State Code Reviser's Office