UNIVERSITY OF WASHINGTON

[Filed December 31, 2018, 1:08 p.m., effective January 1, 2019]

Effective Date of Rule: January 1, 2019.

Purpose: Update the university's definition of service animal in WAC 478-128-020 to align with the effective date of the updates to RCW 49.60.040 concerning service animals as amended by chapter 176, Laws of 2018.

Citation of Rules Affected by this Order: Amending WAC 478-128-020.

Statutory Authority for Adoption: RCW 49.60.040.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The University of Washington finds good cause that new emergency WAC 478-128-020 is necessary to align the definition of service animal with the amended definition in RCW 49.60.040 at chapter 176, Laws of 2018 to be effective on January 1, 2019.

There is insufficient time under permanent rule-making procedures to update the definition in WAC 478-128-020 to coincide with the effective date of the new definition in RCW 49.60.040. The university intends to proceed with permanent rule making in the near future.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 31, 2018.

Director of Rules Coordination

AMENDATORY SECTION(Amending WSR 09-08-016, filed 3/23/09, effective 4/23/09)

WAC 478-128-020Definitions.

"Animal" means any living creature except human beings, fish, any research animal maintained in university facilities, or natural wildlife inhabiting university property. This definition includes, among other things, pets.

"Imminent danger" means a threat to human and/or animal life or university property that is immediate or reasonably foreseeable under the circumstances.

"Organic debris" means animal feces, urine, vomit, blood, etc.

"Owner" means any person having an interest in or right of possession to an animal, or any person having control, custody, or possession of an animal.

"Running at large" means to be off the owner's residential premises and not under the owner's direct control.

"Service animal" ((means an animal, including guide dogs, individually trained to do work or perform tasks for the benefit of an individual with a disability, as defined by applicable state and/or federal laws, which includes but is not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing, providing minimal protection, pulling a wheelchair, or fetching dropped items))has the same meaning as defined in RCW 49.60.040.

"Service animal in training" means ((an animal))a dog or miniature horse that is being trained ((for the purpose of assisting or accommodating an individual with a disability as defined by applicable state and/or federal laws))to be a service animal, as that term is defined in RCW 49.60.040.

"University property" means property that the university owns as well as property that the university operates, leases, rents, or otherwise controls.

"Working animal" means an animal that is trained for specific tasks and under the control of police, security or emergency personnel, or other university employees or agents. Examples of working animals include, but are not limited to, patrol, rescue, or sentry dogs and therapy animals.