WSR 13-11-063

PROPOSED RULES

OLYMPIC COLLEGE


[ Filed May 15, 2013, 2:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-04-030.

Title of Rule and Other Identifying Information: Withholding services for outstanding student debts.

Hearing Location(s): Olympic College, College Service Center Building, Room 521, 1600 Chester Avenue, Bremerton, WA 98337, on July 2, 2013, at 9:00 a.m.

Date of Intended Adoption: July 2, 2013.

Submit Written Comments to: Thomas Oliver, Olympic College, 1600 Chester Avenue, Bremerton, WA 98337, e-mail toliver@olympic.edu, fax (360) 475-7505, by June 21, 2013.

Assistance for Persons with Disabilities: Contact Access Services by phone (360) 475-7540 or e-mail accessservices@olympic.edu, by June 14, 2013.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes will bring chapter 132C-122 WAC up-to-date and consistent with current practices.

Reasons Supporting Proposal: The college is striving to clarify the adjudication process for all areas.

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: David C. Mitchell, PhD, President, Olympic College, governmental.

Name of Agency Personnel Responsible for Drafting: Thomas Oliver, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7502; Implementation and Enforcement: Janell Whiteley, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7504.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no significant economic impact of this proposal.

A cost-benefit analysis is not required under RCW 34.05.328. There is no significant economic impact.

May 15, 2013

Thomas Oliver

Rules Coordinator

OTS-5427.1

Chapter 132C-122 WAC

WITHHOLDING SERVICES FOR OUTSTANDING STUDENT DEBTS


NEW SECTION
WAC 132C-122-005   Purpose.   The purpose of this policy is to establish clear understanding of the college's responses to outstanding student debt.

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AMENDATORY SECTION(Amending Order 19, Resolution No. 47-0678, filed 8/7/78)

WAC 132C-122-010   Policy.   ((If any person, including faculty, staff, student or former student, be indebted to the institution for an outstanding overdue debt, the institution need not provide any further services of any kind to such individual, including but not limited to transmitting files, records, transcripts or other services which have been requested by any such person. The institution reserves the right to set off any funds received from an individual against an outstanding overdue debt.)) Current and former students are expected to meet their financial obligations to the college. To the extent otherwise permitted by law, in response to a student's failure to pay a debt owed to the college the college may:

(1) Initiate collection actions; or

(2) Make collections from funds received from or on behalf of a student; and/or

(3) Deny or withhold:

(a) Admission to the college; and

(b) Registration at the college; and

(c) The conferral of degrees or certificates; and

(d) The issuance of academic transcripts; and

(e) The provision of other services, including refunds.

[Statutory Authority: Chapter 28B.50 RCW. 78-09-009 (Order 19, Resolution No. 47-0678), 132C-122-010, filed 8/7/78.]


AMENDATORY SECTION(Amending Order 19, Resolution No. 47-0678, filed 8/7/78)

WAC 132C-122-020   Notification.   ((Upon receipt of such a request for services where there is)) (1) Where an outstanding debt ((due the institution from that person)) is owed to the college, the ((institution shall)) college will notify the ((person by first-class mail that the services will not be provided since there is an)) individual in writing of the amount of the outstanding debt ((due the institution, and)). Contained within the notification will be further explanation that ((until that debt is satisfied, no such)) services ((as are requested will be provided the individual. When the institution exercises its right of set off, the institution shall notify the person by first-class mail of the amount applied and balance due, if any.)) may be withheld until that debt is satisfied, unless it is stayed or discharged in bankruptcy.

(2) When the college exercises its right to make collections from funds received from or on behalf of a student, the college shall notify the student of the amount applied and balance due, if any.

(3) These notices shall state that the individual has a right to appeal the decision to withhold services before a person designated by the president of the college if the individual believes that the debt is not owed or has been stayed or discharged in bankruptcy. The notice shall state that the appeal must be made in writing to the vice-president for administrative services within twenty days from the date of the notice.

[Statutory Authority: Chapter 28B.50 RCW. 78-09-009 (Order 19, Resolution No. 47-0678), 132C-122-020, filed 8/7/78.]


AMENDATORY SECTION(Amending Order 19, Resolution No. 47-0678, filed 8/7/78)

WAC 132C-122-040   Appeal procedure ((for informal hearing)).   ((Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the institution available for review and, at that time, shall hold an informal hearing concerning whether the individual in fact owes or owed any outstanding debts to the institution. After the informal hearing, a decision shall be rendered by the president's designee indicating whether in fact the institution is correct in withholding services or applying set off for the outstanding debt, and if the outstanding debt is in fact owed by the individual involved, the set off shall remain applied and no further services shall be provided. Notification of this shall be sent to the individual within five days after the hearing. Said decision shall constitute an informal proceeding established by the institution pursuant to the Higher Education Administrative Procedure Act as defined in RCW 28B.19.110.)) The appeal shall be conducted as a brief adjudicatory proceeding in accordance with RCW 34.05.482 through 34.05.494.

[Statutory Authority: Chapter 28B.50 RCW. 78-09-009 (Order 19, Resolution No. 47-0678), 132C-122-040, filed 8/7/78.]


NEW SECTION
WAC 132C-122-050   Construction.   Nothing in this policy shall be construed as a limitation upon the college in pursuing any lawful means to collect a debt owed by a nonstudent.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 132C-122-030 Informal hearing notification.