WSR 17-11-085
[Filed May 19, 2017, 8:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-08-098.
Title of Rule and Other Identifying Information: Chapters 495C-104, 495C-133, 495C-134, and 495C-108 WAC.
Hearing Location(s): Clover Park Technical College, Board of Trustees Meeting, 4500 Steilacoom Boulevard S.W., Lakewood, WA 98499, on August 9, 2017, at 4:00 p.m.
Date of Intended Adoption: September 29, 2017.
Submit Written Comments to: Lisa Beach, 4500 Steilacoom Boulevard S.W., Lakewood, WA 98499, email, fax (253) 589-5784, by August 2, 2017.
Assistance for Persons with Disabilities: Contact Lisa Beach by August 2, 2017, (253) 589-5603.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revisions are being made to update the statutes with current information.
Reasons Supporting Proposal: Standard updates.
Statutory Authority for Adoption: RCW 28B.50.140.
Statute Being Implemented: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Clover Park Technical College, public and governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Lisa Beach, Building 17, 4500 Steilacoom Boulevard S.W., Lakewood, WA 98499, (253) 589-5603.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Such a statement is not required for these college rules under RCW 19.85.030.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.228 [34.05.328] does not apply to these college rules.
May 17, 2017
Lisa R. Beach
Director of Compliance
AMENDATORY SECTION (Amending WSR 00-12-019, filed 5/26/00, effective 6/26/00)
WAC 495C-104-010 Time and place of board meetings.
The board of trustees shall generally hold one regular meeting on the second Wednesday of each month at the ((F.V. Miner Resource Center)) Rotunda, Building ((15)) 3, on the main college campus and such special meetings as may be requested by the chairman of the board or by a majority of the members of the board and announced in accordance with law.
All regular and special meetings of the board of trustees shall be held at 4500 Steilacoom Boulevard Southwest, Lakewood, WA 98499-4098, unless scheduled elsewhere, and are open to the general public, except for lawful executive sessions.
No official business may be conducted by the board of trustees except during a regular or special meeting.
AMENDATORY SECTION (Amending WSR 92-19-091, filed 9/16/92, effective 10/17/92)
WAC 495C-104-020 Request for items to be placed on board agenda.
Anyone, other than a board member or a representative of the president's office, wishing an item placed on the agenda of a board meeting, must have a written request in the office of the board secretary no later than twelve o'clock noon fourteen business days before the next scheduled meeting of the board. The secretary will relate the request to the chair of the board as soon as feasible. The chair will determine whether the item is to be placed on the agenda. The chair or designee will notify the individual initiating the request as to whether or not the item will be placed on the agenda.
AMENDATORY SECTION (Amending WSR 92-19-091, filed 9/16/92, effective 10/17/92)
WAC 495C-108-050 Brief adjudicative procedures.
This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are adopted by reference. Brief adjudicative procedures shall be used in all matters related to:
(1) Residency determinations;
(2) Challenges to contents of education records;
(3) ((Student conduct proceedings;)) Use of college facilities;
(4) Parking violations;
(5) Outstanding debts owed by students or employees;
(6) Loss of eligibility for participation in college-sponsored events;
(7) Use of library – Fines;
(8) Student conduct appeals involving minor disciplinary actions imposing probation or suspensions of ten instructional days or less and any conditions or terms placed on the student;
(9) Appeals of decision regarding mandatory tuition and fee waivers.
Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt fair resolution of the matter.
AMENDATORY SECTION (Amending WSR 92-19-091, filed 9/16/92, effective 10/17/92)
WAC 495C-108-070 Procedure for closing parts of the hearings.
Adjudicative proceedings shall be open to the public, except as may be provided otherwise by law or legal requirement. Any party may apply for a protective order to close part of a hearing. The party making the request shall 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 working 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 in writing within twenty working days of receiving the request.
AMENDATORY SECTION (Amending WSR 92-19-091, filed 9/16/92, effective 10/17/92)
WAC 495C-108-080 Recording devices.
No cameras or recording devices are allowed in those parts of proceedings that the presiding officer has determined shall be closed under WAC 495C-108-070, except for the method of official recording selected by the ((college)) presiding officer.
WAC 495C-108-110 Reconsideration.
(1) The affected individual may file a petition for reconsideration of a final order. Such petition must be filed upon the office of the president within ten days of the service of a final order and must state the specific grounds upon which relief is requested.
(2) No petition for reconsideration may stay the effectiveness of an order.
(3) The petition shall be disposed of by the presiding officer who issued the final order.
WAC 495C-108-130 Appearance and practice before agency.
Persons appearing before the presiding officer in brief adjudicative proceedings may be accompanied by an attorney or other person, but that individual must serve in an advisory capacity only and may not serve in a representative capacity. In formal adjudicative proceedings, no person may appear in a representative capacity before the agency other than the following:
(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington.
(2) Attorneys at law duly qualified and entitled to practice before the highest court of record of any other state, if attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by our state law.
(3) Persons otherwise qualified as possessing the requisite skill to appear and expertly represent others who have applied to the agency and have been duly authorized by the agency to appear in a representative capacity before the agency.
(4) A bona fide officer, partner, or full-time employee of an individual firm, association, partnership, or corporation who appears for such individual firm, association, partnership or corporation.
WAC 495C-108-140 Definition of issues before hearing.
In all proceedings the issues to be adjudicated shall be identified initially as precisely as possible, to ensure that the agency may proceed promptly to conduct the hearings on relevant and material matters only.
AMENDATORY SECTION (Amending WSR 00-12-019, filed 5/26/00, effective 6/26/00)
WAC 495C-133-020 Organization—Operation—Information.
(1) Organization. Clover Park Technical College is established in Title 28B RCW as a public institution of higher education. The college is governed by a five-member board of trustees, appointed by the governor. The board employs a president, who acts as the chief executive officer of the college. The president establishes the structure of the administration.
(2) Operation. The administrative office is located at the following address:
4500 Steilacoom Boulevard S.W.
Lakewood, WA 98499-4098
The office hours as prescribed in the college policy and procedure manual are 8:00 a.m. to 4:30 p.m., Monday through Friday, except legal holidays. Educational operations are also located at the following addresses:
((Fort Lewis Campus
14800 Murray Road S.W.
Fort Lewis, WA 98439-1197
Rainier School
2120 Ryan Road
Buckley, WA 98321-9115
Marine Mechanics Facility
3423 Chapel Street S.W., Building No. 7
Lakewood, WA 98444-1539))
South Hill Campus
17214 110th Avenue E.
Puyallup, WA 98374-9509
Washington Corrections Center for Women
9601 Bujacich Rd. N.W.
Gig Harbor, WA 98335-0017
Clover Park Technical College
Natural Resources Laboratory & Research Park
4500 Block of Steilacoom Boulevard S.W.
Lakewood, WA 98499-4098
(3) Information. Additional and detailed information concerning the educational offerings of the college may be obtained from the catalog, copies of which are available at the following address:
4500 Steilacoom Boulevard S.W.
Lakewood, WA 98499-4098
AMENDATORY SECTION (Amending WSR 00-11-108, filed 5/19/00, effective 6/19/00)
WAC 495C-134-010 Rules coordinator.
The rules coordinator for Clover Park Technical College shall have an office located at the ((president's)) compliance office, with the following mailing address:
Rules Coordinator
Clover Park Technical College
4500 Steilacoom Boulevard S.W.
Lakewood, WA 98499-4098