WSR 98-06-071

PROPOSED RULES

STATE BOARD FOR

COMMUNITY AND TECHNICAL COLLEGES

[Filed March 3, 1998, 8:34 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-012.

Title of Rule: General description of state board organization and operations.

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

Statute Being Implemented: Rules review in compliance with Governor's Executive Order 97-02.

Summary: General description of state board organization and operations.

Reasons Supporting Proposal: Rules review in compliance with Governor's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting and Implementation: Sandy Wall, State Board for Community and Technical Colleges, 319 7th Avenue, Olympia, WA, (360) 586-2157; and Enforcement: Howard Fischer, Assistant Attorney General, Education Division, (360) 586-2789.

Name of Proponent: State Board for Community and Technical Colleges, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule, Summary, and Reasons Supporting Proposal above.

Proposal does not change existing rules. Just minor changes for smoother readability.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: State Board for Community and Technical Colleges, 319 Seventh Avenue, Olympia, WA 98504, on April 9, 1998, at 3 p.m.

Assistance for Persons with Disabilities: Contact Claire Krueger, (360) 753-7413, by March 31, 1998, FAX (360) 586-6440.

Submit Written Comments to: Claire Krueger, State Board for Community and Technical Colleges, 319 7th Avenue, P.O. Box 42495, Olympia, WA 98504, FAX (360) 586-6440, by March 31, 1998.

Date of Intended Adoption: April 9, 1998.

March 2, 1998

Claire C. Krueger

Executive Assistant

Agency Rules Coordinator

AMENDATORY SECTION (Amending Order 136, Resolution No. 92-05-23, filed 6/8/92, effective 7/9/92)

WAC 131-08-005 General description of state board organization and operations. (1) The state board for community and technical colleges consists of nine members appointed by the governor. ((Successors of the)) Members ((initially appointed)) serve for terms of four years.

(2) The executive officer and secretary of the board is the executive director of the state system of community and technical colleges. The executive director is in charge of the offices of the board and responsible to the board for the preparation of reports and the collection and dissemination of data and other public information relating to the state system of community and technical colleges. The executive director exercises, in the name of the board, all powers and duties delegated by the board and at the direction of the board executes, together with the chair of the board, all contracts entered into by the board.

(3) It is the board's duty to exercise general supervision and control over the state system of community and technical colleges consistent with the specific powers and duties set forth in the Community and Technical College Act of 1991, chapter 28B.50 RCW.

(4) The board's office is located in Olympia, Washington, 319 Seventh Avenue, 98504.

(5) Information about specific meeting places and times may be obtained at the board office. Formal submission or requests to the state board should be addressed to the executive director at the Olympia office.

[Statutory Authority: RCW 28B.50.070 and chapter 42.30 RCW. 92-13-019 (Order 136, Resolution No. 92-05-23), 131-08-005, filed 6/8/92, effective 7/9/92. Statutory Authority: RCW 34.04.020. 81-01-079 (Order 84, Resolution No. 80-61), 131-08-005, filed 12/17/80. Statutory Authority: RCW 28.50.070 [28B.50.070] and 42.30.075. 79-12-070 (Order 78, Resolution No. 79-42), 131-08-005, filed 11/30/79. Statutory Authority: RCW 28B.50.070. 78-07-063 (Order 72, Resolution No. 78-31), 131-08-005, filed 6/30/78; Order 61, 131-08-005, filed 7/8/77; Order 59, 131-08-005, filed 7/6/76; Order 52, 131-08-005, filed 1/9/76; Order 40, 131-08-005, filed 6/27/75; Order 33, 131-08-005, filed 11/14/74; Order 19, 131-08-005, filed 7/2/73; Order 3, 131-08-005, filed 6/19/69.]

AMENDATORY SECTION (Amending Order 136, Resolution No. 92-05-23, filed 6/8/92, effective 7/9/92)

WAC 131-08-007 Presentations to state board. Any interested individual or organization, upon written request to and receipt by the state board office at least two weeks in advance of the next scheduled board meeting, may request that any relevant matter concerning the state community and technical college system be placed on the board meeting agenda. The chair or the executive director of the state board may, however, waive this two week notification procedure, if in the judgment of either, sufficient emergency exists.

The following format shall be used by individuals or organizations in making their request for additions to the board meeting agenda:

(1) Title of the item to be considered;

(2) A brief descriptive background which includes relevant facts and documentary evidence, including written materials, personal interviews, expert testimony or matters of record;

(3) Identification of the requesting party, including relevant organizational affiliations and job titles.

It shall be the prerogative of the board not to take any action on matters that come before the board pursuant to this rule.

In the case of presentations to the board on behalf of organizations, special interest groups, and other multimember bodies, testimony shall normally be limited to one individual representative.

In the case of all presentations, the board reserves the right, without notice, to limit the length of any particular presentation or to reschedule presentations when, in its judgment, the demands of public business before the board necessitate making such limitations.

It is the intent of the state board that procedures set forth in this regulation shall be liberally interpreted to the end that all interested citizens and organized groups shall be able to address the board on any matter relevant to its responsibilities and duties in the operations of Washington's community and technical college system. Notwithstanding any of the provisions of this section, impromptu comments or questions by members of the public or organization representative may be presented at any meeting of the board consistent with the provisions of chapter 42.30 RCW, the Open Public Meetings Act.

In the case of adoption, amendment or repeal of rules, which are subject to the provisions of the Administrative Procedure Act, chapter 34.05 RCW, the provisions of that chapter regarding the presentation of data, views or arguments to shall govern.

[Statutory Authority: RCW 28B.50.070 and chapter 42.30 RCW. 92-13-019 (Order 136, Resolution No. 92-05-23), 131-08-007, filed 6/8/92, effective 7/9/92; Order 60, 131-08-007, filed 11/1/76; Order 3, 131-08-007, filed 6/19/69.]

AMENDATORY SECTION (Amending Order 136, Resolution No. 92-05-23, filed 6/8/92, effective 7/9/92)

WAC 131-08-008 Special meetings of the state board. Special meetings of the state board may be called by the chair or by a majority of the members of the state board ((by delivery personally or by mail written notice to each member)). Notification of such a meeting must be made at least twenty-four hours before the time of such meeting. Such notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Notice of such special meetings also shall be provided twenty-four hours prior to such meetings to each local newspaper of general circulation and to each local radio and television station which has on file with the state board a written request to be notified of such special meetings or of all meetings of the state board.