WSR 01-10-020

PERMANENT RULES

HIGHER EDUCATION

COORDINATING BOARD

[ Filed April 23, 2001, 1:24 p.m. ]

Date of Adoption: April 11, 2001.

Purpose: Makes technical/typographical corrections to section references only.

Citation of Existing Rules Affected by this Order: Amending WAC 250-44-100, 250-44-110, and 251-44-120.

Statutory Authority for Adoption: Chapter 28B.04 RCW.

Adopted under notice filed as WSR 01-06-065 on March 7, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

April 13, 2001

Brenda D. Landers

Program Manager

OTS-4708.1


AMENDATORY SECTION(Amending WSR 01-01-050, filed 12/11/00, effective 1/11/01)

WAC 250-44-100   Required assurances.   No contract shall be awarded unless the sponsoring organization includes in its application the following assurances:

(1) No person in this state, on the grounds of sex, age, race, color, religion, national origin, or the presence of any sensory, mental, or physical handicap, shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under the act;

(2) The sponsoring organization shall actively seek to employ for all staff positions supported by funds provided under the act, and for all staff positions supported by matching funds under any contract, including supervisory, technical and administrative positions, persons who qualify as displaced homemakers;

(3) Services provided to displaced homemakers under the contract shall be provided without payment of any fees for the services: Provided, That the executive director may approve exceptions to this requirement upon determining that such exceptions would be in the best interest of displaced homemaker program objectives;

(4) First priority for all services provided under the contract shall be given to persons who qualify in all regards as displaced homemakers. Other persons in need of the services due to similar circumstances may be assisted if provision of such assistance shall not in any way interfere with the provision of services to displaced homemakers as defined in the act. The sponsoring organization shall include in its reports separate and distinct accountability for services to displaced homemakers and to other persons in need of the services;

(5) The sponsoring organization agrees to comply in full with the accounting and reporting requirements set forth in WAC ((250-44-100)) 250-44-190 and such other accounting and reporting requirements as may be established by the executive director.

(6) The sponsoring organization agrees to participate in evaluation procedures, including the use of all specified uniform client classification forms for persons to whom services are provided, and specified uniform evaluation questionnaires;

(7) The sponsoring organization will actively seek to coordinate activities under the contract with related activities and services provided by other organizations;

(8) The sponsoring organization understands and agrees that payments from the board under the contract will be provided monthly or quarterly upon submission and approval of payment requests in a form and containing information specified by the executive director of the board, and that approval of payments shall be conditioned upon the executive director's determination that the sponsoring organization is in compliance with the terms of the contract and this chapter;

(9) The executive officer of the sponsoring organization has reviewed the application, including all assurances contained therein, and is authorized to submit the application and execute a contract in accordance with the application if it is approved by the board; and

(10) The executive director and staff of the board will be provided access to financial and other records pursuant to the contract.

[Statutory Authority: Chapter 28B.04 RCW. 01-01-050, amended and recodified as 250-44-100, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-090, filed 7/31/87; 84-14-084 (Order 2/84, Resolution No. 84-76), 250-44-090, filed 7/3/84; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-090, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-090, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 01-01-050, filed 12/11/00, effective 1/11/01)

WAC 250-44-110   Criteria for selection of contracts to be awarded.   (1) Initial contracts. For each closing date established as specified in WAC ((250-44-130)) 250-44-070, applications will be ranked competitively according to their performance with respect to:

(a) Size of the potential population to be served;

(b) Demonstrated need for the proposed services;

(c) Experience and capabilities of the sponsoring organization;

(d) Provisions for coordination of services with other organizations providing related services in the geographic area.

(2) The executive director shall develop a system for evaluating initial applications with respect to the above-stated criteria, and make available in the application guidelines a description of the system.

(3) Final selection of initial applications to be approved will be based upon both relative ranking on factors listed in subsection (1) of this section and appropriate geographic distribution.

(4) Renewal contracts. The sponsoring organization may be eligible to renew its contract for one ensuing biennium provided the sponsoring organization was in full compliance with the 1999-2001 contract. Thereafter, the sponsoring organization may be eligible to renew its contract for one subsequent biennium provided the sponsoring organization was in full compliance with the contract and performance indicators established by the executive director.

(5) The executive director shall develop a system for evaluating renewal applications and make available in the application guidelines a description of the system.

[Statutory Authority: Chapter 28B.04 RCW. 01-01-050, amended and recodified as 250-44-110, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-150, filed 7/31/87; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-150, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-150, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 01-01-050, filed 12/11/00, effective 1/11/01)

WAC 250-44-120   Procedure for selection of contracts to be awarded.   (1) Initial contracts. The following steps will be employed in screening and selection of applications to be approved for initial contracts:

(a) Applications will be screened for eligibility and completeness;

(b) A panel of application readers will be established, to consist of board staff members designated by the executive director, members of the advisory committee who are not members of the legislature or employees of sponsoring organizations, and such other persons as may be deemed appropriate by the executive director;

(c) Within each category of application as described in WAC ((250-44-150)) 250-44-110(1), the panel of readers will evaluate and rank qualifying applications according to the system published in accordance with WAC ((250-44-150)) 250-44-110(2);

(d) The advisory committee will consider evaluations prepared by the readers, and will develop a list of recommended approved applications to be awarded contracts;

(e) The list of recommended approved applications will be submitted to the executive director of the board for approval. Upon approval the executive director will award the contracts.

(2) Renewal contracts. The following steps will be employed in screening and selection of applications to be approved for renewal contracts:

(a) Applications will be screened for eligibility and completeness;

(b) In cooperation with the advisory committee, or a subset thereof, the board will evaluate qualifying applications in accordance with WAC ((250-44-140)) 250-44-110(4) and develop a list of recommended approved renewal applications according to the system published in WAC ((250-44-150)) 250-44-110(5);

(c) The list of recommended approved renewal applications shall be submitted to the executive director of the board for approval. Upon approval the executive director will award the renewal contracts.

[Statutory Authority: Chapter 28B.04 RCW. 01-01-050, amended and recodified as 250-44-120, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-160, filed 7/31/87; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-160, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-160, filed 8/17/79.]

Washington State Code Reviser's Office