WSR 15-20-088
[Filed October 6, 2015, 7:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-17-097.
Title of Rule and Other Identifying Information: Amending chapter 172-144 WAC, Special chargesFinancial responsibility, to update rules related to recovery of debts due to the university.
Hearing Location(s): Eastern Washington University, Main Campus, Showalter Hall, Room 201, Cheney, WA 99004, on November 12, 2015, at 10:00 a.m.
Date of Intended Adoption: November 20, 2015.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail, fax (509) 359-7036, by November 10, 2015.
Assistance for Persons with Disabilities: Contact Trent Lutey by November 10, 2015, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These revisions are needed to update university standards and processes for handling recovery of debts to add needed provisions, increase clarity, and to more closely reflect current practice.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Trent Lutey, 214 Showalter, Cheney, WA 99004, (509) 359-6322; Implementation and Enforcement: Laurie Connelly, 214 Showalter, Cheney, WA 99004, (509) 359-2371.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC revision does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-121 [172-144] WAC is not considered a significant legislative rule by Eastern Washington University.
October 5, 2015
Trent Lutey
University Policy Administrator
Chapter  172-144  WAC
WAC 172-144-100 Applicability.
The provisions of this chapter shall be used to pursue recovery of outstanding financial obligations owed to the university. This chapter does not apply to wage overpayments to persons who are current university employees. Wage overpayments for current university employees are handled consistent with RCW 49.48.200-.210.
WAC 172-144-110 Notice of outstanding financial obligation.
(1) Whenever the university determines that a debt owed to the university is outstanding, the university shall provide written notice to the debtor. The notice shall include:
(a) the amount of the debt owed to the university,
(b) the basis for the claim,
(c) a demand for payment within a certain period of time, and
(d) notification of the right of the debtor to challenge the debt by requesting a brief adjudicative proceeding by submitting a request within twenty-one calendar days of the notice.
(2) The notice must be served on the debtor. Service may be accomplished by:
(a) posting the notice in the United States mail, properly addressed to the last known address on file for the debtor with postage prepaid;
(b) personally serving the debtor; or,
(c) by e-mailing the debtor if the debtor has previously agreed to receive notice via e-mail.
WAC 172-144-120 Debtor requests for brief adjudicative proceedings.
If a debtor disagrees with the notice of outstanding financial obligation issued by the university, the debtor can challenge the debt by filing a request for a brief adjudicative proceeding. The university must receive the request within twenty-one days after service of the notice of outstanding financial obligation. If a request is not received within twenty-one days, the university's determination of the amount of debt owed is a final order.
The request must be submitted to the university's Chief Financial Officer, 307 Showalter Hall, Cheney, WA 99004. The request must set forth which debt is being contested and the reasons the debtor believes the notice was incorrect.
Upon receiving the request for a brief adjudicative proceeding, the Chief Financial Officer will appoint a presiding officer to conduct a brief adjudicative proceeding. The brief adjudicative proceeding will be conducted in accordance with the university's rules for adjudicative proceedings, chapter 172-108 WAC.
WAC 172-144-130 Final order.
If a debtor fails to timely request a brief adjudicative proceeding, the university's notice of the debt owed becomes a final order. If the debtor timely requests a brief adjudicative proceeding, at the conclusion of the proceedings identified in WAC 172-108-070, the university will issue a final order specifying what, if any, debt is owed to the university and a time period during which the debtor must pay the debt.
WAC 172-144-140 Collection of outstanding financial obligations.
After making a final determination regarding a person/entity's outstanding financial obligation, if the debtor fails to pay the debt within the time specified by the university, the university may pursue any lawful means to collect the debt. This includes, but is not limited to:
(1) Registration/Transcripts: The university may withhold admission or registration privileges, conferring of degrees, and the issuance of academic transcripts for a person who has an outstanding financial obligation to the university, even if the debt has been assigned to another agency, entity, or department.
(2) Collections: If the debt remains unpaid for more than 30 days after notice of the university's final determination, the university may assign the debt to a collection agency in accordance with RCW 19.16.050. If the debt is assigned to a collection agency, the debtor is responsible for all collection fees, which may be based on a percentage up to 35% of the unpaid charges, and all costs and expenses, including attorneys' fees related to collection of the unpaid debt.
(3) Civil Action: The university may initiate a civil action against the debtor to recover the debt.
(4) Travel Costs: Financial obligations which result from travel advances or travel-related expenditures will be addressed and collected consistent with the office of financial management's policies.
(5) Other: The university may pursue any other lawful means of recovering the outstanding financial obligation.
The following sections of the Washington Administrative Code are repealed:
WAC 172-144-010
WAC 172-144-020
Authority of the university to make deductions.
WAC 172-144-040
Periodic deductions.
WAC 172-144-045
Financial obligations relating to travel.