EASTERN WASHINGTON UNIVERSITY

[Filed June 18, 2018, 7:59 a.m.]

Preproposal statement of inquiry was filed as WSR 18-10-087.

Title of Rule and Other Identifying Information: Revising chapter 172-139 WAC, Commercial activities.

Hearing Location(s): On September 26, 2018, at 10:00 a.m., at Eastern Washington University, Main Campus, 526 5th Street, Room 201, Showalter Hall, Cheney, WA 99004.

Date of Intended Adoption: October 5, 2018.

Submit Written Comments to: Joseph Fuxa, Eastern Washington University, Main Campus, 526 5th Street, 314 Showalter Hall, Cheney, WA 99004, email jfuxa@ewu.edu, fax 509-359-2874, by September 26, 2018.

Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 509-359-2874, email jfuxa@ewu.edu, by September 26, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The revisions to chapter 172-138 WAC, Commercial activities, update university standards and processes to better reflect current practices regarding commercial activities.

Reasons Supporting Proposal: Modifications are being made to the processes and standards regarding the use of university facilities due to changes in practice.

Statutory Authority for Adoption: RCW 28B.35.120(12).

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

Name of Proponent: Eastern Washington University, governmental.

Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 314 Showalter Hall, 509-359-7496; Implementation and Enforcement: Dr. Mary Cullinan, 214 Showalter Hall, 509-359-6362.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.5.328 [34.05.328] (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this [these] rules pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Labor Relations Manager

AMENDATORY SECTION(Amending WSR 10-04-072, filed 2/1/10, effective 3/4/10)

WAC 172-139-005Purpose.

This chapter establishes standards for the conduct of commercial activities on Eastern Washington University property by ((external)) persons or ((organizations)) entities. This includes property and facilities that are owned, operated, or otherwise controlled by Eastern Washington University.

AMENDATORY SECTION(Amending WSR 10-04-072, filed 2/1/10, effective 3/4/10)

WAC 172-139-010Commercial activities.

Eastern Washington University facilities shall not be used by any person or entity other than the university for commercial solicitation, advertising, or promotional activities except:

(1) By special permission granted by the vice president for business and finance or designee if a contract, lease, or other formal arrangement is entered into between the university and the person, corporation, or other entity desiring to engage in commercial activity;

(2) Regular advertising, promotions, or sponsorship activities carried on, by, or in any university media, The Easterner, or at intercollegiate events;

(3) In designated areas of the Pence Union Building as set forth in WAC 172-139-020; or

(4) When the activities clearly serve educational objectives. Examples of acceptable activities include the display of books of interest to the academic community, the display or demonstration of technical or research equipment, or other commercial activities that relate to educational objectives. In all cases, such commercial activities must be conducted under the sponsorship or at the request of a university department or of a vice president or authorized designee. Approved commercial activities shall not interfere with or operate to the detriment of the conduct of university affairs or the free flow of pedestrian or vehicular traffic.

AMENDATORY SECTION(Amending WSR 10-04-072, filed 2/1/10, effective 3/4/10)

WAC 172-139-020Commercial activities in the Pence Union Building.

((Exceptions to WAC 172-139-010 are granted for the Pence Union Building (PUB) subject to the following provisions:

(1) Any commercial activity conducted under this section shall not duplicate services provided by the university.

(2) Vendors, organizations, or individuals)) Commercial advertising and activities are permitted in the limited areas identified by the university in the Pence Union Building (PUB). Individuals, corporations, or entities seeking to engage in commercial activities or advertising within the PUB must obtain approval from the director of the student union building prior to conducting any commercial activity.

(((3))) The university shall charge vendors for use of PUB facilities.