WSR 98-22-027
PERMANENT RULES
HIGHER EDUCATION
COORDINATING BOARD
[Filed October 28, 1998, 1:12 p.m.]
Date of Adoption: October 27, 1998.
Purpose: These rules relate to the distribution of state matching grants for the distinguished professorship program.
Citation of Existing Rules Affected by this Order: Repealing WAC 250-72-030; and amending WAC 250-72-015, 250-72-020, 250-72-025, 250-72-035, 250-72-040, and 250-72-045.
Statutory Authority for Adoption: RCW 28B.10.869.
Adopted under notice filed as WSR 98-19-070 on September 18, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 6, repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
October 27, 1998
Patricia Mosqueda
Policy Associate
OTS-2282.1
AMENDATORY SECTION (Amending WSR 90-16-030, filed 7/23/90, effective 8/23/90)
WAC 250-72-015 Definitions. (1) "Board" means the higher education coordinating board.
(2) "Institution" means a public four-year college or university within the state of Washington.
(3) "Distinguished professorship program" means the program established by the legislature as provided by RCW 28B.10.866 through 28B.10.872.
(4) "Trust fund" means the distinguished professorship trust fund established by the legislature as provided by RCW 28B.10.868.
(5) "Private donation" means funds made specifically to the distinguished professorship program from nonpublic fund sources, including assessments by commodity commissions authorized to conduct research activities including but not limited to research studies authorized by RCW 15.66.030 and 15.65.040.
(6) "Pledge" means an agreement between an institution and a
private donor(s) establishing terms for a private donation to be
made within a period of ((time)) three years as provided by RCW
28B.10.870.
(7) "Allocate" means to assign a share of the available professorships to specific institutions until a date certain.
(8) "Designate" means to set aside or reserve trust funds as a potential match to a pledged private donation upon notification to the board.
(9) "Release funds" means the transfer of trust funds to an institution after notification to the board that the full amount of a pledged and designated private donation has been received.
[Statutory Authority: RCW 28B.10.869. 90-16-030, § 250-72-015, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-030, filed 7/23/90, effective 8/23/90)
WAC 250-72-020 Allocation system. (((1) Until July 1,
1991, the board shall allocate trust funds consistent with
allocation systems as provided in RCW 28B.15.866 [28B.10.866] and
chapter 16, Laws of 1990 1st ex. sess.
(2) The board shall allocate available trust funds according
to WAC 250-72-025 when no legislative directive provides for the
allocation of available trust funds.
(3) An institution is not eligible for any funds under
chapter 16, Laws of 1990 1st ex. sess., until the institution has
provided notification requesting designation of the funds
allocated to it under RCW 28B.15.866 [28B.10.866].
(4) After June 30, 1991, any funds allocated under chapter
16, Laws of 1990 1st ex. sess., that have not been designated
shall be available for the board to allocate under WAC 250-72-025
unless otherwise directed by the legislature.)) (1) The board
shall allocate available funds among institutions according to
WAC 250-72-025 when no legislative directive provides for the
allocation of available trust funds.
(2) Any funds balance in the trust account on June 11, 1998, and not designated to a particular institution, will be distributed according to provisions of WAC 250-72-025 as revised.
(3) Any trust fund designated prior to June 11, 1998, and forfeited subsequent to that date, will be reallocated according to revised WAC 250-72-040.
(4) Trust funds must be distributed in increments of $250,000 for the state matching grant portion for each distinguished professorship. Therefore, individual subaccount balances for each institution will be maintained in the trust fund when the amount allocated for each institution is not sufficient to provide for a full professorship.
[Statutory Authority: RCW 28B.10.869. 90-16-030, § 250-72-020, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-030, filed 7/23/90, effective 8/23/90)
WAC 250-72-025 Allocation system effective ((July 1, 1991))
June 11, 1998. ((The board shall notify all institutions by July
1, 1991, of the availability of matching funds under WAC 250-72-020, 250-72-030, and 250-72-040 and of the total number of
professorships available. The board shall allocate the available
professorships as follows:
(1) University of Washington - the first, fourth, and sixth
available professorships.
(2) Washington State University - the second and fifth
available professorships.
(3) Central Washington University, Eastern Washington
University, The Evergreen State College, and Western Washington
University - the third available professorship.
(a) Professorships available under this section shall be
designated on a first come, first served basis to any of the four
institutions that has requested designation of the professorships
already allocated.
(b) First come, first served shall be determined by the date
and time of receipt of written notification of a pledge at the
office of the board. The board shall accept receipt of written
notification no sooner than 8:00 a.m. on July 1, 1991, or the
first working day thereafter. If the board receives written
notification from more than one institution on the same date and
time, then the designation shall be made by drawing. The board
shall notify the affected institutions of the date and time of
the drawing which shall be conducted openly at the office of the
board.
(4) At the beginning of each fiscal year, the board shall
reallocate available matching funds continuing the numerical
sequence initiated July 1, 1991.
(5) An institution shall not be eligible for funds from
reallocation if it has forfeited allocated or designated funds in
the preceding fiscal year.)) At the time funds become available,
the board shall notify all institutions of the amount of funding
and the number of distinguished professorships available to each
institution or group of institutions. The board shall allocate
available funding for distinguished professorships as follows:
(1) University of Washington - Forty-seven percent of total available funds (stipulating the number of professorships which can be fully funded).
(2) Washington State University - Thirty-two percent of total available funds (stipulating the number of professorships which can be fully funded).
(3) Central Washington University, Eastern Washington University, The Evergreen State College, and Western Washington University - Twenty-one percent of total available funds (stipulating the number of professorships which can be fully funded).
Distinguished professorships available under this subsection (3) shall be allocated to individual institutions according to an agreement to be prepared by the four institutions and submitted each year to the higher education coordinating board, prior to allocation of funds by the board.
[Statutory Authority: RCW 28B.10.869. 90-16-030, § 250-72-025, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-030, filed 7/23/90, effective 8/23/90)
WAC 250-72-035 Designation ((of trust)) to an institution
of allocated funds. (((1) An institution shall make written
notification of a pledge to the board which shall include a copy
of the agreement entered into with the private donor(s)
concerning the terms of the donation.
(2) The board may designate two hundred fifty thousand
dollars from available trust funds for an institution's pledged
professorship when the institution provides notification
according to subsection (1) that a private donation of two
hundred fifty thousand dollars has been pledged for a
distinguished professorship.
(3) The board shall designate trust funds consistent with
the allocation system as provided in WAC 250-72-025.
(4) If a pledged private donation is not received within
three years from the date of designation, the board shall make
the designated funds available for another pledged
professorship.)) (1) Within one year of notification by the board
that an institution has been allocated one or more distinguished
professorships, the institution shall:
(a) Make written notification to the board that pledge(s) for private donation(s) have been secured; and
(b) Provide a copy to the board of the agreement(s)/pledge(s) entered into with the private donor(s) concerning terms of the donation(s).
(2) Upon notification pursuant to the above, the board shall designate funds for that institution. Funds will be designated for a period of up to three years.
[Statutory Authority: RCW 28B.10.869. 90-16-030, § 250-72-035, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-030, filed 7/23/90, effective 8/23/90)
WAC 250-72-040 Reallocation of previously allocated or
designated funds. (1) The board shall reallocate previously
((designated)) allocated funds when((:
(a))) an institution has not ((received a full private
donation for designated matching trust funds within the required
period of time under WAC 250-72-035.
(2) The board shall reallocate any previously designated
matching trust fund available under this section by July 1 of
each year)) secured a pledge within one year of notification that
funds were available to that institution.
(2) The board shall reallocate previously designated funds when an institution has not received the full amount in private donations within three years from the time that state matching funds have been designated for that institution (based on a pledge for private funding).
(3) An institution shall not be eligible for reallocated funds if it has forfeited allocated or designated funds in the preceding twelve-month period.
(4) The following reallocation guidelines will be utilized by the board:
(a) If the University of Washington forfeits allocated/designated funds, reallocation will be made to Washington State University;
(b) If Washington State University forfeits allocated/designated funds, reallocation will be made to the University of Washington;
(c) If Central Washington University, Eastern Washington University, The Evergreen State College, or Western Washington University forfeits allocated/designated funds, reallocation will be made consistent with the annual distribution agreement developed by these four institutions. If no reallocation provision has been included in the agreement, the board will reallocate to an eligible institution (of the four institutions cited in this subsection). If more than one eligible institution requests a reallocation, the reallocation will be based on a drawing among the eligible institutions requesting participation in the drawing.
[Statutory Authority: RCW 28B.10.869. 90-16-030, § 250-72-040, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-030, filed 7/23/90, effective 8/23/90)
WAC 250-72-045 Release of funds. Upon written notification that the full amount of a pledged and designated private donation has been received, the board shall request a warrant for the release of matching trust funds within five working days.
[Statutory Authority: RCW 28B.10.869. 90-16-030, § 250-72-045, filed 7/23/90, effective 8/23/90.]
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 250-72-030 Allocation of earnings from investments.