WSR 13-11-063PROPOSED RULES
OLYMPIC COLLEGE
[
Filed May 15, 2013,
2:40 p.m.
] Original Notice.
Preproposal statement of inquiry was filed as WSR 13-04-030.
Title of Rule and Other Identifying Information: Withholding services for outstanding student debts.
Hearing Location(s): Olympic College, College Service
Center Building, Room 521, 1600 Chester Avenue, Bremerton, WA
98337, on July 2, 2013, at 9:00 a.m.
Date of Intended Adoption: July 2, 2013.
Submit Written Comments to: Thomas Oliver, Olympic
College, 1600 Chester Avenue, Bremerton, WA 98337, e-mail
toliver@olympic.edu, fax (360) 475-7505, by June 21, 2013.
Assistance for Persons with Disabilities: Contact Access
Services by phone (360) 475-7540 or e-mail
accessservices@olympic.edu, by June 14, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes will
bring chapter 132C-122 WAC up-to-date and consistent with
current practices.
Reasons Supporting Proposal: The college is striving to
clarify the adjudication process for all areas.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
Statute Being Implemented: Chapter 28B.50 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: David C. Mitchell, PhD, President,
Olympic College, governmental.
Name of Agency Personnel Responsible for Drafting:
Thomas Oliver, 1600 Chester Avenue, Bremerton, WA 98337, (360)
475-7502; Implementation and Enforcement: Janell Whiteley,
1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7504.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no significant
economic impact of this proposal.
A cost-benefit analysis is not required under RCW 34.05.328. There is no significant economic impact.
May 15, 2013
Thomas Oliver
Rules Coordinator
OTS-5427.1
Chapter 132C-122 WACWITHHOLDING SERVICES FOR OUTSTANDING STUDENT DEBTS
NEW SECTION
WAC 132C-122-005
Purpose.
The purpose of this policy is
to establish clear understanding of the college's responses to
outstanding student debt.
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AMENDATORY SECTION(Amending Order 19, Resolution No. 47-0678,
filed 8/7/78)
WAC 132C-122-010
Policy.
((If any person, including
faculty, staff, student or former student, be indebted to the
institution for an outstanding overdue debt, the institution
need not provide any further services of any kind to such
individual, including but not limited to transmitting files,
records, transcripts or other services which have been
requested by any such person. The institution reserves the
right to set off any funds received from an individual against
an outstanding overdue debt.)) Current and former students are
expected to meet their financial obligations to the college.
To the extent otherwise permitted by law, in response to a
student's failure to pay a debt owed to the college the
college may: (1) Initiate collection actions; or
(2) Make collections from funds received from or on
behalf of a student; and/or
(3) Deny or withhold:
(a) Admission to the college; and
(b) Registration at the college; and
(c) The conferral of degrees or certificates; and
(d) The issuance of academic transcripts; and
(e) The provision of other services, including refunds.
[Statutory Authority: Chapter 28B.50 RCW. 78-09-009 (Order
19, Resolution No. 47-0678), § 132C-122-010, filed 8/7/78.]
AMENDATORY SECTION(Amending Order 19, Resolution No. 47-0678,
filed 8/7/78)
WAC 132C-122-020
Notification.
((Upon receipt of such a
request for services where there is)) (1) Where an outstanding
debt ((due the institution from that person)) is owed to the
college, the ((institution shall)) college will notify the
((person by first-class mail that the services will not be
provided since there is an)) individual in writing of the
amount of the outstanding debt ((due the institution, and)).
Contained within the notification will be further explanation
that ((until that debt is satisfied, no such)) services ((as
are requested will be provided the individual. When the
institution exercises its right of set off, the institution
shall notify the person by first-class mail of the amount
applied and balance due, if any.)) may be withheld until that
debt is satisfied, unless it is stayed or discharged in
bankruptcy. (2) When the college exercises its right to make
collections from funds received from or on behalf of a
student, the college shall notify the student of the amount
applied and balance due, if any.
(3) These notices shall state that the individual has a
right to appeal the decision to withhold services before a
person designated by the president of the college if the
individual believes that the debt is not owed or has been
stayed or discharged in bankruptcy. The notice shall state
that the appeal must be made in writing to the vice-president
for administrative services within twenty days from the date
of the notice.
[Statutory Authority: Chapter 28B.50 RCW. 78-09-009 (Order
19, Resolution No. 47-0678), § 132C-122-020, filed 8/7/78.]
AMENDATORY SECTION(Amending Order 19, Resolution No. 47-0678,
filed 8/7/78)
WAC 132C-122-040
Appeal procedure ((for informal
hearing)).
((Upon receipt of a timely request for a hearing,
the person designated by the president shall have the records
and files of the institution available for review and, at that
time, shall hold an informal hearing concerning whether the
individual in fact owes or owed any outstanding debts to the
institution. After the informal hearing, a decision shall be
rendered by the president's designee indicating whether in
fact the institution is correct in withholding services or
applying set off for the outstanding debt, and if the
outstanding debt is in fact owed by the individual involved,
the set off shall remain applied and no further services shall
be provided. Notification of this shall be sent to the
individual within five days after the hearing. Said decision
shall constitute an informal proceeding established by the
institution pursuant to the Higher Education Administrative
Procedure Act as defined in RCW 28B.19.110.)) The appeal shall
be conducted as a brief adjudicatory proceeding in accordance
with RCW 34.05.482 through 34.05.494.
[Statutory Authority: Chapter 28B.50 RCW. 78-09-009 (Order
19, Resolution No. 47-0678), § 132C-122-040, filed 8/7/78.]
NEW SECTION
WAC 132C-122-050
Construction.
Nothing in this policy
shall be construed as a limitation upon the college in
pursuing any lawful means to collect a debt owed by a
nonstudent.
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REPEALER The following section of the Washington Administrative Code is repealed:
| WAC 132C-122-030 |
Informal hearing notification. |