WSR 15-09-132 PROPOSED RULES UNIVERSITY OF WASHINGTON [Filed April 22, 2015, 8:32 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-06-058.
Title of Rule and Other Identifying Information: Chapter 478-168 WAC, Regulations for the University of Washington libraries.
Hearing Location(s): Room 142, Gerberding Hall, University of Washington, Seattle Campus, on May 29, 2015, at 12:00 noon.
Date of Intended Adoption: July 9, 2015.
Submit Written Comments to: Rebecca Goodwin Deardorff, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 981950-1210 [98195-1210], e-mail rules@uw.edu, by May 29, 2015.
Assistance for Persons with Disabilities: Contact disability services office by May 18, 2015, TTY (206) 543-6452 or (206) 543-6450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 478-168 WAC, Regulations of the University of Washington libraries, establishes the loan code, access to and conditions for use of materials held in the university libraries system, as well as access to, and conditions for use of materials held in the Marian Gould Gallagher Law Library. These proposed amendments will bring the chapter up-to-date to conform with current practices by both library organizations within the University of Washington.
Reasons Supporting Proposal: The University of Washington faculty council on university libraries has also reviewed and supports the proposed WAC rule amendments.
Statutory Authority for Adoption: RCW 28B.15.031 and 28B.20.130.
Statute Being Implemented: RCW 28B.15.031 and 28B.20.130.
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 and Implementation: Thomas Deardorff, Coordinator for Access Services, UW Libraries, 170D Suzzallo Library, UW Seattle Campus, (206) 685-1469 and Jonathan Franklin, Associate Law Librarian, Law Library, L156 William H. Gates Hall, UW Seattle Campus, (206) 543-4089; and Enforcement: Lizabeth (Betsy) Wilson, Vice Provost for Digital Initiatives and Dean of University Libraries, UW Libraries, 482E Suzzallo Library, UW Seattle Campus, (206) 543-1763 and Penny Hazelton, Associate Dean for Library and Technology Services, Professor of Law, Law Library, L168 William H. Gates Hall, UW Seattle Campus, (206) 543-4089.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impose a disproportionate impact on small businesses or affect a school district under Title 28A RCW.
A cost-benefit analysis is not required under RCW 34.05.328. The University of Washington does not consider this rule making to be a significant legislative rule.
April 22, 2015
Rebecca Goodwin Deardorff
Director of Rules Coordination
AMENDATORY SECTION (Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)
WAC 478-168-070 Marian Gould Gallagher Law Library—Access to facilities.
(1) Access to the Marian Gould Gallagher Law Library is limited. Only University of Washington faculty and University of Washington law school students may use the library as a study hall (i.e., for use not related to that library's materials). In general, the ((reading room)) library is open for use by any person having need of the library's legal materials. However, when necessary to serve University of Washington faculty and University of Washington law school students effectively, the law librarian may restrict access to the library or any part of the library.
(2) ((The faculty library is for the use of University of Washington law faculty only, but books may be taken by library staff from the faculty library)) The law librarian may designate an area of the library for the exclusive use of faculty. Materials located in any area designated exclusively for faculty may be taken by library staff for the limited use of other patrons.
AMENDATORY SECTION (Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)
WAC 478-168-080 Marian Gould Gallagher Law Library—Use of materials.
(1) In the use of library materials, the Marian Gould Gallagher Law Library serves the students, faculty, and staff of the law school, the students, faculty, and staff of other university departments, faculty of other colleges and universities, librarians of other libraries, judges, members of the Washington bar and persons who have a degree from the law school. The law librarian has discretion to specify other groups of patrons and to set priorities of use among all groups of patrons. However, University of Washington law school faculty and law school students have priority when other patrons need the same materials. The law librarian also has discretion to establish restrictions specific to particular library materials or a single library item.
(2) Circulation regulations may differ according to type of material and usage.
(3) Because of the reference nature of ((much)) some of the collection, ((many of the books)) some materials do not circulate and must be used in the library. The law librarian shall define the phrase "in the library."
(4) Each borrower is responsible for materials ((which)) he or she checks out at the circulation ((desks)) desk.
AMENDATORY SECTION (Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)
WAC 478-168-092 Marian Gould Gallagher Law Library—Student identification cards—Conditions of use.
(1) ((To ensure prompt access to the library collection,)) University of Washington law school students must carry official ((law school)) identification cards ((issued at the time of enrollment in the school)) to enter the library when it is not staffed.
(2) An identification card is authorized for use only by the student whose name appears on the card.
(3) Student identification must be presented for the completion of each in-person circulation transaction.
(4) Each student must maintain current validation of the student's card.
(5) Each student ((shall)) must keep the ((library)) appropriate university office informed of changes of name and address.
AMENDATORY SECTION (Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)
WAC 478-168-094 Marian Gould Gallagher Law Library—Official registration of other library users.
(1) All library users other than University of Washington ((law school)) faculty ((and)), staff, and ((University of Washington law school)) students must complete a registration ((card)) form for library records at the ((main)) circulation desk.
(2) Information required includes name, permanent address, ((telephone number, and user category)) and additional requested contact information.
(3) Each borrower ((shall)) must keep the ((library)) appropriate university office informed of changes of name, permanent address, ((telephone number, and user category)) and additional requested contact information.
AMENDATORY SECTION (Amending WSR 95-14-045, filed 6/28/95, effective 9/18/95)
WAC 478-168-096 Marian Gould Gallagher Law Library—((Daily)) Registration by library users—Procedures.
(1) All eligible library users other than University of Washington ((law school)) faculty ((and)), staff, and ((University of Washington law school)) students must present identification and register at the ((main)) circulation desk upon entering ((and leaving)) the library.
(2) ((Proper)) Identification and visitor's permits shall be as specified by the law librarian.
(((3) When in the law library, all eligible library users other than University of Washington law school faculty and staff and University of Washington law school students must display a visitor's permit on the person or at the workplace when there. Visitor's permits are issued at the time of daily registration.
(4) Permits must be returned to the main circulation desk upon leaving the library.
(5) Failure to return permits may result in the revocation of library privileges.))
AMENDATORY SECTION (Amending WSR 14-17-097, filed 8/19/14, effective 9/19/14)
WAC 478-168-180 Identification card—Conditions of use.
(1) Each borrower is responsible for obtaining an official identification card from the appropriate university office or a library borrower's card from the library account services.
(2) An identification card is authorized for use only by the individual whose name appears on the card.
(3) Official identification must be presented for the completion of each in-person circulation transaction.
(4) Each borrower is responsible for materials checked out on ((his/her)) his or her University of Washington identification card or library borrower's card. Library materials are not to be loaned to others ((except as designated in WAC 478-168-180(6))).
(5) ((Campus)) All borrowers are responsible for keeping the ((registrar or payroll)) appropriate university office informed of changes of address. ((Off-campus borrowers are responsible for keeping the library account services informed of changes of address.
(6) Each University of Washington faculty, academic personnel, administrative personnel, professional staff, visiting scholar, and other individuals as authorized by the dean of university libraries, may designate up to two proxies or couriers for the purpose of picking up materials for his/her use.))
AMENDATORY SECTION (Amending WSR 05-21-133, filed 10/19/05, effective 11/19/05)
WAC 478-168-310 Fines and charges.
(1) All borrowers are subject to a uniform system of fines and charges for late return of library material and for replacement costs when required. The dean of university libraries or ((his/her)) his or her designee will set the schedule of fines and charges on a regular basis.
(2) The approved schedule of fines and charges will be available ((online and in the Libraries Operations Manual)) on the University of Washington libraries web site.
(3) Fines are monetary sanctions for the late return of material. ((Fines are levied only when an overdue item is returned prior to billing.))
(4) ((Billing charges are)) A fee is levied to defray the costs incurred by the libraries in billing, processing sanctions, and other activities related to the recovery of material that is ((substantially)) overdue.
(5) Replacement charges are levied to pay for the replacement of ((substantially)) overdue material. The replacement charges include the cost of the material and the cost of processing the material for the shelves. All library materials, regardless of fines and fees paid, remain state property.
(6) 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.
AMENDATORY SECTION (Amending WSR 04-13-087, filed 6/17/04, effective 9/21/04)
WAC 478-168-380 Appeal of library charges.
(1) The ((library has)) libraries have the right to reduce or forgive fines and charges for borrowers in accordance with the guidelines ((specified in the Libraries Operations Manual)) available on the University of Washington libraries web site. Borrowers can appeal unresolved problems to the library fines appeals committee.
(2) The libraries inform potential appellants of the availability of the appeals process at the time of billing and in all correspondence regarding the application of sanctions.
(3) Meetings of the libraries fines appeals committee are considered brief adjudicative procedures as defined by the Administrative Procedure Act (chapter 34.05 RCW). Committee meetings are conducted in conformance with the act and other applicable laws.
(4) A completed appeals form must be submitted within six months of billing for the charges to be appealed.
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