WSR 97-19-076

PROPOSED RULES

CLARK COLLEGE

[Filed September 16, 1997, 10:55 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-15-076.

Title of Rule: Chapter 132N-122 WAC, Withholding services for outstanding debts.

Purpose: Allow college to withhold services from any person who has an outstanding debt with the college.

Other Identifying Information: Add new chapter.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Summary: Provide policy and procedure for withholding further services to persons having outstanding debts to the college.

Reasons Supporting Proposal: Communicates that further services by college may be withheld if person has outstanding debts to the college; provides notification process and brief adjudicative hearing.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tony Birch, Baird Administration Building, (360) 992-2123.

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 establishes policy and procedure whereby services may be withheld from any person who has an outstanding debt with the college. It provides for notification that services will be withheld; advises of right to brief adjudicative proceeding if the person believes no debt is owed; and it establishes procedure for a brief adjudicative hearing.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Board Room, Baird Administration Building, on October 22, 1997, at 4 p.m.

Assistance for Persons with Disabilities: Contact Janelle Farley by October 17, 1997, (360) 992-2101.

Submit Written Comments to: Tana Hasart, FAX (360) 992-2871, by October 15, 1997.

Date of Intended Adoption: October 22, 1997.

September 8, 1997

Tana L. Hasart

Interim President

Chapter 132N-122 WAC


WITHHOLDING SERVICES FOR OUTSTANDING DEBTS

NEW SECTION

WAC 132N-122-010 Policy. If any person, including faculty, staff, student or former student, is indebted to the college for an outstanding debt, the college need not provide any further services of any kind to such individual, including but not limited to transmitting files, records, admission to or registration with the college, conferring of degrees, transcripts or other services which have been requested by such person. Further, if the person is an employee of the college, the college shall have the right to offset such outstanding debts against the wages owed to the employee.

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NEW SECTION

WAC 132N-122-020 Notification. (1) Upon receiving a request for services where there is an outstanding debt due the college from the requesting person, the college shall notify the person by certified mail that the services will not be provided since there is an outstanding debt due. The person shall be told that until the debt is satisfied, no such services as are requested will be provided. If the outstanding debt is due the college from an employee, the college shall notify the employee by certified mail addressed to the employee's last known address of the debt owed to the college, the basis of the debt, and the intent to offset it against the wages or other payments due to the employee.

(2) The letter of notification shall also state that the person has a right to a brief adjudicative proceeding before a person designated by the president of the college if he or she believes that no debt is owed. The proceeding must be requested within twenty days of the date of mailing notification that services will be withheld.

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NEW SECTION

WAC 132N-122-030 Procedure for brief adjudicative proceeding. Upon receipt of a request for appeal within twenty days of the initial action, the person designated by the president shall hold the brief adjudicative proceeding concerning whether the individual in fact owes or owed any outstanding debts to the college. After the brief adjudicative proceeding, a decision shall be rendered by the president's designee indicating whether in fact the college is correct in withholding services for the outstanding debt and/or applying offset for the outstanding debt. If the outstanding debt is found to be owed by the individual involved, no further services shall be provided. Notification of this decision shall be sent to the individual within ten days of the receipt of the appeal.

A review of this decision may be requested of the president or designee within twenty-one days of the decision. Notification of the final decision will be rendered within twenty days of the request for review. The decision of the president or designee shall be final.

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