WSR 05-20-001

EXPEDITED RULES

HIGHER EDUCATION

COORDINATING BOARD
(Committee on Advanced Tuition Payment)

[ Filed September 21, 2005, 12:08 p.m. ]

Title of Rule and Other Identifying Information: Title 14 WAC, Committee on Advanced Tuition Payment.

NOTICE

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 Heidi Jones, Higher Education Coordinating Board, P.O. Box 43450, Olympia, WA 98504-3450 , AND RECEIVED BY December 6, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Title 14 WAC, Committee on Advanced Tuition Payment, was established to provide operating procedures for the Committee on Advanced Tuition Payment consistent with chapter 42.32 [42.30] RCW, Open public meetings; chapter 42.17 RCW, Public records; chapter 35.05 [34.05] RCW, Administrative Procedure Act; and chapter 43.120 RCW, State environmental policy. The proposed changes amend the program office location, the committee structure and members, and references to chapter 42.17 RCW, Public Records Act, which was recodified during 2005.

Summary: To amend rules for the Committee on Advanced Tuition Payment including: Committee meeting frequency and location, number of committee members, program office details and location, and references to chapter 42.17 RCW, Public records, which was recodified. The proposed rules amend the sections listed below.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules amend WAC 14-104-010 Time and place of committee meetings, 14-104-030 Delegation to director, 14-108-040 Application for adjudicative proceeding, 14-122-010 Policy, 14-133-020 Organization--Operation--Information, 14-276-010 Purpose, 14-276-020 Definitions, 14-276-030 Description of central and field organization for the committee on advanced college tuition payment, 14-276-050 Public records available, 14-276-060 Public records officer, 14-276-070 Office hours, 14-276-080 Requests for public records, 14-276-100 Determination regarding exempt records, 14-276-110 Review of denials of public records requests, and 14-276-120 Protection of public records.

Reasons Supporting Proposal: In 1998, the committee developed and approved the rules for the program. The program rules have not been updated since inception. During this time, the program office location has changed, the committee members and structure have changed and sections of Title 14 WAC referencing chapter 42.17 RCW, Public Records Act, were recodified during 2005.

Statutory Authority for Adoption: RCW 28B.95.030 (9)(e).

Statute Being Implemented: Not applicable.

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

Name of Proponent: Higher Education Coordinating Board, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Heidi Jones, 919 Lakeridge Way S.W., Olympia, WA 98502, (360) 753-7836; and Enforcement: Betty Lochner, 919 Lakeridge Way S.W., Olympia, WA 98502, (360) 753-7871.

September 13, 2005

Heidi J. Jones

Process Analyst

and Rules Manager

OTS-8345.1


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-104-010   Time and place of committee meetings.   The committee shall hold regular ((semiannual)) meetings at such time as it may fix. The annual meeting schedule shall be published in the Washington State Register. Special meetings may be requested by the chair of the committee or by a majority of the members of the committee and announced in accordance with law.

All regular and special meetings of the committee shall be held at the ((Capitol Campus)) state investment board, Olympia, Washington, unless scheduled elsewhere, and are open to the general public, except for lawful executive sessions.

No official business may be conducted by the committee except during a regular or special meeting.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-104-010, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-104-030   Delegation to director.   The committee delegates to the director its authority and responsibility to administer the advanced college tuition payment program, also known as the guaranteed education tuition (GET) program in accordance with laws, policies, and rules approved by the committee to the fullest extent permitted by law. At the operational level, the director has final administrative authority over all matters affecting the program. Employees of the program shall be employees of the higher education coordinating board and the board shall carry out administrative responsibilities otherwise not assigned to the committee ((until such time as the final structure and location of the program is decided by the legislature)).

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-104-030, filed 11/5/98, effective 12/6/98.]

OTS-8346.1


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-108-040   Application for adjudicative proceeding.   An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: ((1603 Cooper Point Road)) 919 Lakeridge Way S.W., Olympia, Washington ((98504-3450)) 98502.

Written application for an adjudicative proceeding should be submitted to the above address within twenty calendar days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-108-040, filed 11/5/98, effective 12/6/98.]

OTS-8347.1


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-122-010   Policy.   If any purchaser of an account as defined in RCW 28B.95.020(8), or any other person, is indebted to the program for an outstanding overdue debt, the committee need not provide any further services of any kind to such individual, including, but not limited to, transmitting files, records, vouchers, or other services which have been requested by such person.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-122-010, filed 11/5/98, effective 12/6/98.]

OTS-8348.1


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-133-020   Organization -- Operation -- Information.   (1) Organization. The advanced college tuition payment program is established in Title 28B.95 RCW. The program is governed by the committee on advanced tuition payment, also known as the guaranteed education tuition (GET) committee, composed of the executive director of the higher education coordinating board, the director of the office of financial management, ((and)) the state treasurer, or their designees, and two citizen members. The committee employs a director, who administers the program.

(2) Operation. The administrative office is located at the following address:


((1603 Cooper Point Road NE))

919 Lakeridge Way S.W.

Olympia, Washington ((98504-3450)) 98502


The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

(3) Information. Information concerning the advanced college tuition payment program and contracts for the purchase of tuition units may be obtained at the following address:


((1603 Cooper Point Road))

919 Lakeridge Way S.W.

Olympia, Washington 98502


(4) The staff of the higher education coordinating board shall support the committee.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-133-020, filed 11/5/98, effective 12/6/98.]

OTS-8349.1


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-010   Purpose.   The purpose of this chapter is to ensure that the advanced college tuition payment program complies with the provisions of chapter ((42.17)) 42.56 RCW and in particular with those sections of that chapter dealing with public records.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-010, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-020   Definitions.   (1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents.

(3) The "committee on advanced college tuition payment" is an agency organized by statute pursuant to chapter 28B.95 RCW. The committee on advanced college tuition payment, also known as the guaranteed education tuition (GET) committee, shall hereafter be referred to as the "committee." Where appropriate, the term "committee" also refers to the staff and employees of the committee.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-020, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-030   Description of central and field organization of the committee on advanced college tuition payment.   (1) The committee on advanced college tuition payment is a state agency established and organized under the authority of chapter 28B.95 RCW for the purpose of implementing the advanced college tuition payment program ("program") established by the legislature. The administrative office of the program is located at ((1603 Cooper Point Road)) 919 Lakeridge Way S.W., Olympia, Washington 98502.

(2) The program is operated under the supervision and control of the committee. The committee consists of the executive director of the higher education coordinating board, the director of the office of financial management, ((and)) the state treasurer, or their designees and two citizen members. The committee ((normally)) meets ((semiannually)), as provided in WAC 14-104-010. The committee employs a director and an administrative staff. The committee takes such actions and promulgates such rules and policies as are necessary to the administration and operation of the program.

(3) The director is responsible to the committee for the operation and administration of the program.

(4) The staff of the higher education coordinating board shall support the committee and the board shall carry out administrative responsibilities otherwise not assigned to the committee.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-030, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-050   Public records available.   All public records of the program, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW ((42.17.310)) 42.56.210 or other statutes.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-050, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-060   Public records officer.   The committee's public records shall be in the charge of the public records officer designated by the committee. The person so designated shall be located in the administrative office. The public records officer shall be responsible for the following: Implementation of the committee's rules regarding release of public records, coordinating employees in this regard, and generally ensuring compliance by committee employees with the public records disclosure requirements in chapter ((42.17)) 42.56 RCW.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-060, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-070   Office hours.   Public records shall be available for inspection and copying during the customary office hours of the committee. For purposes of this chapter, the customary office hours shall be from 8:00 a.m. to noon, and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays ((and holidays)).

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-070, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-080   Requests for public records.   In accordance with the requirements of RCW ((42.17.290)) 42.56.100 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records are only obtainable by members of the public when those members of the public comply with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the committee which shall be available at the committee's administrative office. The form shall be presented to the public records officer or, if the public records officer is not available, to any member of the committee's staff at the committee administrative office during customary office hours. The request shall include the following information:

(a) The name of the person requesting the record;

(b) The time of day and calendar date on which the request was made;

(c) The nature of the request;

(d) If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;

(e) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested.

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-080, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-100   Determination regarding exempt records.   (1) The committee reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 14-276-080 is exempt pursuant to the provisions set forth in RCW ((42.17.310)) 42.56.210 or other statute. Such determination may be made in consultation with the public records officer, or an assistant attorney general assigned to the committee.

(2) Pursuant to RCW ((42.17.260)) 42.56.070, the committee reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, That in each case, the justification for the deletion shall be explained fully in writing.

(3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the person requesting the public record is notified within two business days as to whether his request for a public record will be honored.

(4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-100, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-110   Review of denials of public records requests.   (1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.

(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the chair of the committee or designee.

(3) Within five business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the chair of the committee or designee, shall complete such review.

(4) During the course of the review the chair or designee shall consider the obligations of the committee to comply with the intent of chapter ((42.17)) 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW ((42.17.310)) 42.56.210 or other pertinent statutes, and the provisions of the statute which require the committee to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-110, filed 11/5/98, effective 12/6/98.]


AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-120   Protection of public records.   Requests for public records shall be made at the administrative office of the committee at ((1603 Cooper Point Road)) 919 Lakeridge Way S.W., Olympia, Washington 98502. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of WAC 14-276-090.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, 14-276-120, filed 11/5/98, effective 12/6/98.]

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