WSR 98-10-111

PROPOSED RULES

STATE BOARD FOR

COMMUNITY AND TECHNICAL COLLEGES

[Filed May 6, 1998, 11:21 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-012.

Title of Rule: Chapter 131-276 WAC, Ensure compliance with public records; operations and procedures; etc.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Updating Title 131 WAC in accordance with Governor's Executive Order 97-02 related to regulatory reform.

Summary: See Title of Rule above.

Name of Agency Personnel Responsible for Drafting and Implementation: Sandy Wall, 319 7th Avenue, Olympia, WA, (360) 586-2157; and Enforcement: Howard Fischer, Senior Assistant Attorney General, Education Division, (360) 586-2789.

Name of Proponent: State Board for Community and Technical Colleges, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule above.

Proposal Changes the Following Existing Rules: Minor changes to reflect current practice.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Yakima Valley College, 16th and Nob Hill, Yakima, Washington, on June 18, 1998, at 10 a.m.

Assistance for Persons with Disabilities: Contact C. Krueger by June 1, 1998, (360) 586-6440.

Submit Written Comments to: C. Krueger, State Board for Community and Technical Colleges, P.O. Box 42495, Olympia, WA, FAX (360) 586-6440, by June 1, 1998.

Date of Intended Adoption: June 18, 1998.

May 6, 1998

Claire C. Krueger

Executive Assistant and

Agency Rules Coordinator

OTS-2225.1

AMENDATORY SECTION (Amending Order 18, filed 7/2/73)



WAC 131-276-010  Purpose. The purpose of this chapter shall be to ensure compliance by the state board for community and technical colleges ((education)) with the provisions of chapter 1, Laws of 1973 (Initiative 276), Disclosure--Campaign finances--Lobbying--Records; and in particular with sections 25-32 of that act, dealing with public records.



[Order 18, § 131-276-010, filed 7/2/73.]



AMENDATORY SECTION (Amending Order 18, filed 7/2/73)



WAC 131-276-020  Definitions. (1) Public records. "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

(2) Writing. "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds; or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.

(3) State board for community and technical colleges ((education)). The state board for community and technical colleges ((education)) is an agency organized by statute pursuant to RCW 28B.50.050. The state board for community college education shall hereafter be referred to as the "board." Where appropriate, the term board also refers to the staff and employees of the board.



[Order 18, § 131-276-020, filed 7/2/73.]



AMENDATORY SECTION (Amending Order 18, filed 7/2/73)



WAC 131-276-040  Operations and procedures. The board is established under RCW 28B.50.050 to implement the educational and administrative purposes established by RCW 28B.50.090 and 28B.50.020. The board is operated under the supervision and control of a board of trustees. The board of trustees is made up of ((seven)) nine members appointed by the governor for a term of four years. The trustees meet in regular meetings as published in the Washington Administrative Code unless public notice is given of a special meeting. At such time, the board exercises the powers and duties granted it under RCW 28B.50.090 and other provisions of the laws of Washington.



[Order 18, § 131-276-040, filed 7/2/73.]



AMENDATORY SECTION (Amending Order 18, filed 7/2/73)



WAC 131-276-060  Public records officer. The board's public records shall be in the charge of the public records officer designated by the board director. The person so designated shall be located in the administrative office of the board. The public records officer shall be responsible for the following: The implementation of the board's rules and regulations regarding release of public records, coordinating the staff of the board in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter 1, Laws of ((1973)) .



[Order 18, § 131-276-060, filed 7/2/73.]



AMENDATORY SECTION (Amending Order 18, filed 7/2/73)



WAC 131-276-070  Office hours. Public records shall be available for inspection and copying during the customary office hours of the board. For the purposes of this chapter, the customary office hours shall be from ((9:00)) 8:00 a.m. to noon and from 1:00 p.m. to ((4:00)) 5:00 p.m., Monday through Friday, excluding legal holidays.



[Order 18, § 131-276-070, filed 7/2/73.]



AMENDATORY SECTION (Amending Order 18, filed 7/2/73)



WAC 131-276-990  Appendix A--Request for public record to state board for community and technical colleges ((education)).

APPENDIX "A"



REQUEST FOR PUBLIC RECORD TO

STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES ((EDUCATION))



(a) . . .

Signature

. . .

Signature (Please Print)

. . .

Name of Organization, if Applicable

. . .

Mailing Address of Applicant

. . .

Phone Number

(b) . . .

Date Request Made at State Board

for Community and Technical Colleges ((Education))

. . .

Time of Day

Request Made

(c) Nature of request . . .
. . .
. . .
. . .
(d) Identification Reference on Current Index . . .
Please Describe
. . .
. . .
. . .
(e) Description of Record, or Matter, Requested if not Identifiable by Reference to the State Board for Community and Technical Colleges ((Education Current)) Index . . .
. . .
. . .
. . .
. . .
Request: Approved . . .

Date

By. . .

Public Records Officer

Denied Date . . .
Reasons for Denial: . . .
. . .
. . .
Referred to . . . Date . . .
By . . .

Public Records Officer



[Order 18, Appendix A (codified as WAC 131-276-990), filed 7/2/73.]

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