WSR 02-09-038



[ Filed April 10, 2002, 4:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-03-105.

Title of Rule: Withholding services and refunds for outstanding debts and financial obligation.

Purpose: These amendments clarify for students who have outstanding debts with Bellevue Community College that services and refunds will be withheld from them until they satisfy their obligations with the college.

Other Identifying Information: WAC 132H-122-020 and 132H-160-190.

Statutory Authority for Adoption: RCW 28B.50.140.

Summary: The two amendments to WAC 132H-122-020 Withholding services for outstanding debts and 132H-160-190 are being amended to more clearly state that the student has an obligation to request information from the college as to why services are being denied when they have an outstanding debt. It also identifies bankruptcy as a reason for discharging the student's debt.

Reasons Supporting Proposal: The proposed amendments clarify the rules and add bankruptcy as a legitimate reason to discharge a student's debt.

Name of Agency Personnel Responsible for Drafting and Implementation: Tika Esler, B125, (425) 564-2206; and Enforcement: Mary Hansen, Lincoln Center, (425) 564-4250.

Name of Proponent: Bellevue Community College, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These amendments will clarify that services or refunds will be withheld when a student does not discharge his/her debt to Bellevue Community College. It also places the onus on the student to inquire in writing if he/she needs an explanation as to why services or a refund are being withheld. The amendments add bankruptcy as a legitimate reason for the college to discharge the student's debt.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule has no impact on small business.

RCW 34.05.328 does not apply to this rule adoption. This rule applies only to internal college operations.

Hearing Location: Bellevue Community College, 3000 Landerholm Circle S.E., Room D104, Bellevue, WA 98007-6484, on May 24, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Susan Gjolmesli by May 21, 2002, TDD (425) 564-4110, or (425) 564-2498.

Submit Written Comments to: Elise Erickson, Bellevue Community College, Room A201, 3000 Landerholm Circle S.E., Bellevue, WA 98007-6484, fax (425) 564-2261, by May 21, 2002.

Date of Intended Adoption: June 18, 2002.

April 8, 2002

Elise J. Erickson

Rules Coordinator

AMENDATORY SECTION(Amending WSR 92-19-054, filed 9/10/92)

WAC 132H-122-020   Withholding services for outstanding debts.   (1) Where there is an outstanding debt owed to the college and upon ((Upon)) receipt of a written request inquiring as to the reason(s) for services or refund being withheld ((where there is an outstanding debt owed to the college from the requesting person,)) the college shall reply in writing to ((notify)) the person((, in writing by certified mail to the last known address,)) that the services and/or refund will not be provided. The college will include the amount of the ((since there is an)) outstanding debt, and further explain that until that debt is satisfied((,)) (or stayed by bankruptcy proceedings or discharged in bankruptcy), no such services and/or refund will be provided to the individual.

(a) The notice shall include a statement to inform the ((college)) individual that he or she has a right to a hearing before a person designated by the president of the college if he or she believes that no debt is owed. The notice shall state that the request for the hearing must be made within twenty-one days from the date of notification.

(2) 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, at that time, shall hold a brief adjudicative proceeding concerning whether the individual owes or owed any outstanding debts to the institution. After the brief adjudicative proceeding, a decision shall be rendered by the president's designee indicating whether the college is correct in withholding services and/or applying off-set for the outstanding debt.

(a) If the outstanding debt is found to be owed by the individual involved, no further services shall be provided.

(b) Notice of the decision shall be sent to the individual within five days after the hearing.

[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-19-054, 132H-122-020, filed 9/10/92, effective 10/11/92.]

AMENDATORY SECTION(Amending Order 14, filed 4/18/73)

WAC 132H-160-190   Financial obligation.   Community College District VIII board of trustees has authorized the registrar to place a hold on the records of any student who has a financial obligation due the college. Until this financial obligation is cleared (or stayed by bankruptcy proceedings or discharged in bankruptcy), the college((:)) 1) Will not release the student's record or any information based upon the record((, or)); 2) will not prepare transcript(s)((, or)); and 3) will deny registration for a subsequent quarter as well as graduation from the college.

[Order 14, 132H-160-190, filed 4/18/73.]

Washington State Code Reviser's Office