WSR 20-21-025
[Filed October 9, 2020, 4:50 p.m., effective November 9, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Revisions are needed to comply with 2SHB 2513, prohibiting the practice of transcript withholding and limiting the practice of registration holds at institutions of higher education as debt collection practices and to update current practices.
Citation of Rules Affected by this Order: Amending WAC 172-144-140.
Statutory Authority for Adoption: RCW 28B.35.120(12), 42.56.070.
Adopted under notice filed as WSR 20-07-003 [20-17-003] on August 5, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 9, 2020.
Joseph Fuxa
Labor Relations Manager
AMENDATORY SECTION(Amending WSR 15-24-047, filed 11/23/15, effective 12/24/15)
WAC 172-144-140Collection 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, or 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. The university will only withhold registration privileges for debts related to tuition, fees, room and board fees, or financial aid funds owed. In accordance with RCW 28B.10.293, prior to any academic term where registration privileges are withheld, the university will provide the student with information about:
(a) The amount of debt owed by the student to the university;
(b) Information on payment of the debt, including who to contact to set up a payment plan; and
(c) Any consequences that will result from nonpayment of the debt.
(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 fifty percent 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.