BATES TECHNICAL COLLEGE

[Filed October 30, 2020, 1:03 p.m., effective November 30, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Chapter 495A-122 WAC, Withholding services for outstanding debt, is being amended to align with current policies and practices for Bates Technical College.

Citation of Rules Affected by this Order: Amending chapter 495A-122 WAC.

Statutory Authority for Adoption: Chapters 34.05, 28B.10, 28B.15 and 28B.92 RCW; RCW 28B.50.140.

Adopted under notice filed as WSR 20-17-110 on August 17, 2020.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 30, 2020.

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.