EASTERN WASHINGTON UNIVERSITY

[Filed August 5, 2020, 1:18 p.m.]

Preproposal statement of inquiry was filed as WSR 20-09-107.

Title of Rule and Other Identifying Information: WAC 172-144-140 Collection of outstanding financial obligations.

Hearing Location(s): On September 22, 2020, at 10:00 a.m., at Eastern Washington University, Main Campus, 526 5th Street, Room 215A, Tawanka Hall, Cheney, WA 99004.

Due to COVID-19, this hearing will also be held via Zoom video conferencing.

Date of Intended Adoption: October 9, 2020.

Submit Written Comments to: Joseph Fuxa, Eastern Washington University, Main Campus, 526 5th Street, Cheney, WA 99004, email jfuxa@ewu.edu, fax 509-359-5874, by September 22, 2020.

Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 509-359-2874, email jfuxa@ewu.edu, by September 22, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates are needed to comply with a new state law, 2SHB 2513, higher education debt collection.

Reasons Supporting Proposal: Modifications are required to comply with a new state law, 2SHB 2513, higher education debt collection.

Statutory Authority for Adoption: RCW 28B.35.120(12).

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

Name of Proponent: Eastern Washington University, governmental.

Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 211A Tawnaka [Tawanka] Hall, 509-359-7496; Implementation and Enforcement: Dr. David May, 214 Showalter Hall, 509-359-6362.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.[0]5.328 (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(iii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Policy and Compliance Manager

AMENDATORY SECTION(Amending WSR 15-24-047, filed 11/23/15, effective 12/24/15)

WAC 172-144-140Collection of outstanding financial obligations.

After making a final determination regarding a person/entity's outstanding financial obligation, if the debtor fails to pay the debt within the time specified by the university, the university may pursue any lawful means to collect the debt. This includes, but is not limited to:

(1) Registration/Transcripts: The university may withhold admission or registration privileges, or conferring of degrees((, and the issuance of academic transcripts)) for a person who has an outstanding financial obligation to the university, even if the debt has been assigned to another agency, entity, or department. The university will only withhold registration privileges for debts related to tuition, fees, room and board fees, or financial aid funds owed. In accordance with RCW 28B.10.293, prior to any academic term where registration privileges are withheld, the university will provide the student with information about:

(a) The amount of debt owed by the student to the university;

(b) Information on payment of the debt, including who to contact to set up a payment plan; and

(2) Collections: If the debt remains unpaid for more than 30 days after notice of the university's final determination, the university may assign the debt to a collection agency in accordance with RCW 19.16.050. If the debt is assigned to a collection agency, the debtor is responsible for all collection fees, which may be based on a percentage up to fifty percent of the unpaid charges, and all costs and expenses, including attorneys' fees related to collection of the unpaid debt.

(3) Civil Action: The university may initiate a civil action against the debtor to recover the debt.

(4) Travel Costs: Financial obligations which result from travel advances or travel-related expenditures will be addressed and collected consistent with the office of financial management's policies.

(5) Other: The university may pursue any other lawful means of recovering the outstanding financial obligation.