BATES TECHNICAL COLLEGE

[Filed August 17, 2020, 12:39 p.m.]

Preproposal statement of inquiry was filed as WSR 20-14-059.

Title of Rule and Other Identifying Information: Amending chapter 495A-122 WAC, Withholding services for outstanding debts to update and align with current regulations.

Hearing Location(s): On September 30, 2020, at 2:30 - 3:30 p.m., Zoom virtual public hearing https://batestech.zoom.us/j/92511411488.

Date of Intended Adoption: October 30, 2020.

Submit Written Comments to: Dr. Jean Hernandez, 1101 South Yakima Avenue, Room A332, Tacoma, WA 98405-4895, AND to email due to COVID-19 working remotely, email jehernandez@batestech.edu, by September 23, 2020.

Assistance for Persons with Disabilities: Contact Dr. Jean Hernandez, email jehernandez@batestech.edu, by September 23, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending to update and align with current regulations.

Reasons Supporting Proposal: See purpose above.

Statutory Authority for Adoption: Chapter 34.05 RCW; RCW 28B.50.140.

Statute Being Implemented: Chapters 28B.10, 28B.15, 28B.92, 43.01 RCW.

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

Name of Proponent: Bates Technical College, governmental.

Name of Agency Personnel Responsible for Drafting: Dr. Jean Hernandez, Bates Technical College, jehernandez@batestech.edu; Implementation and Enforcement: Office of the President, Bates Technical College, kbryson@batestech.edu.

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.

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(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.

Special Assistant to the President

AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)

WAC 495A-122-010Policy.

If any person, including any ((faculty, staff))employee, student, or former student, is indebted to the institution for an outstanding overdue debt, the college need not provide any further services of any kind to ((such))that individual, including but not limited to transmitting files, records, ((transcripts)) or other services ((which))that have been requested by such person. Transcripts cannot be withheld due to debt owed.

AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)

WAC 495A-122-020Notification.

(1) Upon receiving a request for services ((where there is))from a person who owes an outstanding debt ((due)) to the college ((from the requesting person)), the college shall notify the person by registered mail that the services will not be provided since there is an outstanding debt due. The person shall be told that until the debt is satisfied, requested services will not be provided.

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before a person ((designated))appointed by the college president ((of the college))or designee. The proceeding must be requested within twenty days ((of))from the date ((of mailing))the college's notification of refusal to provide services was mailed.

AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)

WAC 495A-122-030Procedure for brief adjudicative proceeding.

Upon receipt of a timely request for a hearing, the person designated by the president shall have the records and files of the college available for review and shall hold an informal hearing concerning whether the individual in fact owes any outstanding debts to the college.

(1) The hearing must be conducted within ten days of the request for a hearing.

(2) After the informal hearing, a decision ((shall))will be rendered by the president's designee indicating whether in fact the college is correct in withholding services for the outstanding debt. ((If))

(3) If the individual involved owes the outstanding debt ((is owed by the individual involved)), no further services shall be provided until the debt has been paid in full to the college.

(4) If the individual involved does not owe a debt to the college, then the services requested by this individual will be provided by the college.

(5) Notification of this decision ((shall))will be sent by registered mail to the individual within five days after the hearing.

(6) This hearing shall constitute a brief adjudicative proceeding established by the Administrative Procedure Act at RCW 34.05.482 through 34.05.494.