WSR 21-03-085
PROPOSED RULES
BATES TECHNICAL COLLEGE
[Filed January 19, 2021, 4:25 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-24-110.
Title of Rule and Other Identifying Information: Amending chapter 495A-108 WAC, Practice and procedure, to update and align with current practice and procedure of Bates Technical College.
Hearing Location(s): On March 9, 2021, at 1:00 - 2:00 p.m. Due to COVID-19, public hearing held via Zoom platform. Join Zoom meeting https://batestech.zoom.us/j/83318501076.
Date of Intended Adoption: April 1, 2021.
Submit Written Comments to: Dr. Jean Hernandez, 1101 South Yakima Avenue, Room A332, Tacoma, WA 98405-4895, email jehernandez@batestech.edu, by February 24, 2021.
Assistance for Persons with Disabilities: Contact Dr. Jean Hernandez, email jehernandez@batestech.edu, by February 24, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending chapter 495A-108 WAC, Practice and procedure, to reflect current practices.
Reasons Supporting Proposal: See purpose above.
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, 253-680-7105.
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.
January 19, 2021
Dr. Jean Hernandez
Special Assistant to the President
OTS-2173.1
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-010Adoption of model rules of procedure.
The model rules of procedure adopted by the chief administrative law judge pursuant to RCW
34.05.250 are adopted for use at ((
this college))
Bates Technical College District 28. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules previously adopted by this college, the model rules prevail.
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-020Appointment of presiding officers.
The president or ((president's)) designee shall ((designate))appoint a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or ((his or her)) designee, or any combination of the above. Where more than one individual is ((designated))appointed to be the presiding officer, the president or ((president's)) designee shall designate one person to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-030Method of recording.
Proceedings ((shall))will be recorded by a method determined by the presiding officer, among those available under the model rules of procedure.
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-040Application for adjudicative proceeding.
An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: Office of the President, Bates Technical College, Downtown Campus, 1101 South Yakima Avenue, Tacoma, WA 98405-4895.
Written application for an adjudicative proceeding should be submitted to the above address within twenty days of the date of the agency action ((giving))that gave rise to the application, unless provided for otherwise by statute or rule.
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-050Brief adjudicative procedures.
This rule is adopted in accordance with RCW
34.05.482 through
34.05.494, the provisions of which are adopted by reference.
In addition to those proceedings specified elsewhere in college regulations, brief adjudicative procedures shall be used in all matters related to:
(1) Residency determinations;
(2) Challenges to contents of education records; or
(3) ((Student conduct proceedings;
(4) Parking violations;
(5))) Outstanding debts owed by students or employees((;
(6) Loss of eligibility for participation in college-sponsored athletic events)).
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-060Discovery.
Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall refer to the civil rules of procedure. The presiding officer may control the frequency and nature of discovery permitted((,)) and order discovery conferences to discuss discovery issues.
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-070Procedure for closing parts of the hearings.
Any party may apply for a protective order to close part of a hearing. The party making the request shall state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed((,)) and state the reasons in writing within twenty days of receiving the request.
AMENDATORY SECTION(Amending WSR 92-12-017, filed 5/26/92, effective 6/26/92)
WAC 495A-108-080Recording devices.
No cameras or recording devices are allowed in those parts of the proceedings that the presiding officer has determined shall be closed under WAC 495A-108-070, except for the method of official recording selected by the college.