[Filed July 16, 1997, 1:00 p.m.]
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Chapter 132N-108 WAC, Procedure.
Purpose: Adopt model rules of procedure and provide rules for adjudicative proceedings. Delineate applicability of brief adjudicative proceedings.
Other Identifying Information: Add new chapter.
Statutory Authority for Adoption: RCW 28B.50.140.
Statute Being Implemented: RCW 34.05.060, 34.05.220, 34.05.482, 28B.50.140 (13) and (20).
Summary: Adopt model rules of procedure, define applicability of brief adjudicative proceedings, and provide rules for other matters associated with adjudicative proceedings.
Reasons Supporting Proposal: To carry out the provisions of the Administrative Procedure Act.
Name of Agency Personnel Responsible for Drafting and Implementation: Tony Birch, 1800 East McLoughlin Boulevard, Vancouver, WA, (360) 992-2123; and Enforcement: College President, 1800 East McLoughlin Boulevard, Vancouver, WA, (360) 992-2494.
Name of Proponent: Clark College, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule adopts model rules of procedure and specifies for which matters brief adjudicative proceedings shall be used. It also provides appropriate rules for adjudicative proceedings.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Clark College, Board Room, Baird Administration Building, 1800 East McLoughlin Boulevard, Vancouver, WA, on August 27, 1997, at 4 p.m.
Assistance for Persons with Disabilities: Contact Janelle Farley by August 20, 1997, (360) 992-2101.
Submit Written Comments to: Tana L. Hasart, FAX (360) 992-2871, by August 20, 1997.
Date of Intended Adoption: August 27, 1997.
July 3, 1997
Earl P. Johnson
WAC 132N-108-010 Model rules of procedure. The model rules of
procedure adopted by the chief administrative law judge pursuant to RCW
34.05.250, as now or hereafter amended, are hereby adopted for use at
Clark College. Those rules may be found at chapter 10-08 WAC. Other
procedural rules adopted in this title are supplementary to the model
rules of procedure. In the case of a conflict between the model rules
of procedure and procedural rules adopted in this title, the procedural
rules adopted by Clark College shall govern.
WAC 132N-108-020 Brief adjudicative procedure. This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:
(1) Appeals from residency classifications made pursuant to RCW 28B.15.013;
(2) Appeals from actions due to parking and traffic infractions;
(3) Appeals from actions from student conduct or disciplinary proceedings;
(4) Appeals from actions due to outstanding debts of college employees or students;
(5) Appeals from actions regarding loss of eligibility to participate in athletic events;
(6) Challenges to the contents of educational records pursuant to 34 C.F.R. 99.21.
(7) Appeals from actions due to mandatory tuition and fee waivers.
(8) Appeals pursuant to any other formal rule adopted by Clark
College which specifically provides for a brief adjudicative procedure.
WAC 132N-108-030 Procedure for closing parts of the hearings. A
party may apply for a protective order to close part of a hearing. The
party making the request should state the reasons for making the
application to the presiding officer. If the other party opposes the
request, a written response to the request shall be made within ten days
of the request to the presiding officer. The presiding officer shall
determine which, if any, parts of the proceeding shall be closed and
state the reasons thereof in writing within twenty days of receiving the
WAC 132N-108-040 Appointment of presiding officers. The president
or his/her designee shall designate a presiding officer for an
adjudicative proceeding. The presiding officer shall be an
administrative law judge, a member in good standing of the Washington Bar
Association, a panel of individuals, the president or his/her designee,
or any combination of the above. Where more than one individual is
designated to be the presiding officer, one person shall be designated
by the president or president's designee to make decisions concerning
discovery, closure, means of recording adjudicative proceedings, and
WAC 132N-108-050 Application for adjudicative proceeding. An
application for an adjudicative proceeding shall be in writing and should
be submitted to the following address within twenty days of the college
action giving rise to the application, unless provided for otherwise by
statute or rule: President's Office, Clark College, 1800 E. McLoughlin
Blvd., Vancouver, Washington 98663.
WAC 132N-108-060 Discovery. Discovery in adjudicative proceedings
may be permitted at the discretion of the presiding officer. In
permitting discovery, the presiding officer shall make reference to the
civil rules of procedure. The presiding officer shall have the power to
control the frequency and nature of discovery permitted, and to order
discovery conferences to discuss discovery issues.
WAC 132N-108-070 Method of recording. Proceedings shall be
recorded by a method determined by the presiding officer, among those
available pursuant to the model rules of procedure in WAC 10-08-170.
WAC 132N-108-080 Recording devices. No camera or recording devices
shall be allowed in those parts of proceedings which the presiding
officer has determined shall be closed pursuant to WAC 132N-108-030,
except for the method of official recording selected by the college.
WAC 132N-108-090 Petitions for stay of effectiveness. Disposition
of a petition for stay of effectiveness of a final order shall be made
by the official, officer, or body of officers who entered the final