Preproposal statement of inquiry was filed as WSR 12-11-049.
Title of Rule and Other Identifying Information: Adjudicative proceedings.
Hearing Location(s): Olympic College, Johnson Library, Room 108, 937 West Alpine Way, Shelton, WA 98584, on August 28, 2012, at 5:00 p.m.
Date of Intended Adoption: August 28, 2012.
Submit Written Comments to: Thomas Oliver, Olympic College, 1600 Chester Avenue, Bremerton, WA 98337, e-mail firstname.lastname@example.org, fax (360) 475-7505, by August 16, 2012.
Assistance for Persons with Disabilities: Contact Karen Fusco by August 15, 2012, TTY (360) 475-7543 or (360) 475-7542.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to assist those who wish to appeal decisions made by Olympic College to understand the proper procedures, and to assure that the procedures are consistent with the model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250.
Reasons Supporting Proposal: The college's current policy has not been adopted into WAC, by doing so, it is more widely published and carries the weight of an official rule.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
Statute Being Implemented: Chapter 28B.50 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Bruce Riveland, Vice-President for Administrative Services, Olympic College, governmental.
Name of Agency Personnel Responsible for Drafting: Thomas Oliver, CSC 210, 1600 Chester, Bremerton, WA 98337, (360) 475-7502; Implementation and Enforcement: Dr. David C. Mitchell, CSC 500, 1600 Chester, Bremerton, WA 98337, (360) 475-7102.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There will be no impact on any entity other than Olympic College.
A cost-benefit analysis is not required under RCW 34.05.328. There is no significant economic impact.
July 17, 2012
WAC 132C-285-020 Adjudicative proceedings. (1) Purpose. Adjudicative proceedings are formal proceedings designed to resolve disagreements between Olympic College and any of its constituents, including students, employees and members of the general public. The college strongly encourages, but does not require, parties to explore whether disputes can be resolved through informal dispute resolution methods before submitting them to formal hearing.
(2) Policy. The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at the college. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. To the extent of any conflict between the model rules and the college's procedural rules, the college's rules shall prevail.
(3) Matters subject to brief adjudication. The provisions of RCW 34.05.482 through 34.05.494, (brief adjudication) are hereby adopted. Brief adjudicative proceedings shall be used in all matters related to:
(a) Appeals from residency determinations under RCW 28B.15.013;
(b) Appeals of student suspensions for a time period less than eleven academic days;
(c) Challenges to contents of educational records;
(d) Appeals of library charges;
(e) Federal financial aid appeals;
(f) Appeals of student debt collection decisions;
(g) Appeals of employee debt collection not related to payroll;
(h) Appeals of trespass orders; and
(i) Appeals pursuant to any other formal policy adopted by the college which specifically provides for a brief adjudicative procedure.
(4) Application for adjudicative proceeding. An application for an adjudicative proceeding, including a brief adjudicative proceeding, shall be submitted in writing. The application shall include the printed name, signature and contact information of the applicant, the nature of the matter for which an adjudicative proceeding is sought, a description of the facts involved, and the relief requested. An application shall be submitted to the president's office within twenty days of the agency action giving rise to the application, except as otherwise provided by statute or rule.
(5) Appointment of presiding officer(s). The president of the college (or his or her designee) shall appoint presiding officers for formal and brief adjudicative proceedings. The presiding officer(s) shall be either an individual, or a panel of individuals, who is a member of the administration, faculty, staff, or student body, or any combination of the foregoing. When a panel of individuals is selected, one person will be designated as the chair by the president (or president's designee) to make final decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.
(6) Discovery. Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer or the chair. In permitting discovery, the presiding officer or the chair shall refer to the civil rules of procedure. The presiding officer or the chair shall have the power to control the frequency and nature of the discovery permitted, and to order discovery conferences to discuss discovery issues.
(7) Method of recording. Proceedings shall be recorded by a method chosen by the presiding officer or the chair from among those available under the model rules of procedure, WAC 10-08-170.
(8) Procedure for closing parts of a hearing.
(a) Any party may apply for a protective order to close part of a hearing. The moving party shall file a written statement setting forth the reasons for the request with the presiding officer or chair and serve copies on all other parties. If another party opposes the request, a written response to the request shall be submitted within ten days of the request to the presiding officer or the chair. The presiding officer or the chair shall determine which, if any, parts of the proceeding shall be closed, and shall state the reasons in writing within twenty days of receiving the request.
(b) No cameras or recording devices, other than the official recording method, shall be allowed in proceedings or parts of proceedings that have been closed.