[Filed September 16, 1997, 11:00 a.m.]
Date of Adoption: August 27, 1997.
Purpose: To adopt new sections WAC 132N-108-010, 132N-108-020, 132N-108-030, 132N-108-040, 132N-108-050, 132N-108-060, 132N-108-070, 132N-108-080, and 132N-108-090. Adopt model rules of procedure; provide rules for adjudicative proceedings.
Statutory Authority for Adoption: RCW 28B.50.140.
Adopted under notice filed as WSR 97-15-078 on August 6 [July 16], 1997.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 9, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
September 8, 1997
Tana L. Hasart
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