UNIVERSITY OF WASHINGTON

[Filed January 18, 2019, 3:03 p.m.]

Title of Rule and Other Identifying Information: WAC 478-128-020 Definitions, animal control at the University of Washington (UW).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: UW currently has an emergency rule in effect and this proposal is to make permanent those recent updates to the university's definition of service animal in WAC 478-128-020 to align with the updates to RCW 49.60.040 concerning service animals.

Reasons Supporting Proposal: The university is updating its definition of a service animal in WAC 478-128-020 and also updating university policy to promote consistency in application with the amended definition in state law.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 49.60.040.

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

Name of Proponent: UW, public and governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Bree Callahan, ADA Coordinator, UW Compliance Services, 4311 11th Avenue N.E., Seattle, WA 98105, 206-543-3657; and Enforcement: Jill B. Lee, Executive Director and David M. Anderson, Interim Associate Vice Provost of UW Compliance and Risk Services, 4311 11th Avenue N.E., Seattle, WA 98105, 206-543-3657.

This notice meets the following criteria to use the expedited adoption process for these rules:

Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: UW currently has an emergency rule filed with an effective date of January 1, 2019, to align with the effective date deadline of January 1, 2019, for the amended definition of service animal in RCW 49.60.040. There are no other amendments to this rule other than to make permanent the recent updates to the definition, and expedited rule making is sufficient.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Barbara Lechtanski, Director of Rules Coordination, UW, Box 351210, Rules Coordination Office, Seattle, WA 98195, email rules@uw.edu, AND RECEIVED BY March 26, 2019.

Barbara Lechtanski, Director

UW Rules Coordination Office

AMENDATORY SECTION(Amending WSR 09-08-016, filed 3/23/09, effective 4/23/09)

WAC 478-128-020Definitions.

"Animal" means any living creature except human beings, fish, any research animal maintained in university facilities, or natural wildlife inhabiting university property. This definition includes, among other things, pets.

"Imminent danger" means a threat to human and/or animal life or university property that is immediate or reasonably foreseeable under the circumstances.

"Organic debris" means animal feces, urine, vomit, blood, etc.

"Owner" means any person having an interest in or right of possession to an animal, or any person having control, custody, or possession of an animal.

"Running at large" means to be off the owner's residential premises and not under the owner's direct control.

"Service animal" ((means an animal, including guide dogs, individually trained to do work or perform tasks for the benefit of an individual with a disability, as defined by applicable state and/or federal laws, which includes but is not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing, providing minimal protection, pulling a wheelchair, or fetching dropped items))has the same meaning as defined in RCW 49.60.040.

"Service animal in training" means ((an animal))a dog or miniature horse that is being trained ((for the purpose of assisting or accommodating an individual with a disability as defined by applicable state and/or federal laws))to be a service animal, as that term is defined in RCW 49.60.040.

"University property" means property that the university owns as well as property that the university operates, leases, rents, or otherwise controls.

"Working animal" means an animal that is trained for specific tasks and under the control of police, security or emergency personnel, or other university employees or agents. Examples of working animals include, but are not limited to, patrol, rescue, or sentry dogs and therapy animals.