WSR 23-23-172
PROPOSED RULES
WASHINGTON STATE UNIVERSITY
[Filed November 22, 2023, 9:11 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 23-17-001.
Title of Rule and Other Identifying Information: Chapter 504-04 WAC, Practice and procedure.
Hearing Location(s): On January 9, 2024, at 4:00 p.m. Join Zoom meeting from PC, Mac, Linux, iOS, or Android https://wsu.zoom.us/j/93763299013?pwd=eTFMa29tZlRtL01IakJPMjJjaFJCUT09, Meeting ID 937 6329 9013, Passcode 580303; or join by phone +1 253 215 8782 or +1 669 900 9128, enter meeting ID and passcode when prompted. No in-person meeting will be held.
Date of Intended Adoption: March 11, 2024.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email prf.forms@wsu.edu, by January 9, 2024.
Assistance for Persons with Disabilities: Contact Joy B. Faerber, phone 509-335-2005, email prf.forms@wsu.edu, by January 7, 2024.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Washington State University (WSU) is updating the rules regarding practice and procedure.
Reasons Supporting Proposal: The proposed amendment clarifies who is permitted to act as a representative in WSU formal adjudicative proceedings, resolving an internal inconsistency with WAC 504-26-020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSU, governmental.
Name of Agency Personnel Responsible for Drafting: Nathan Deen, Senior Assistant Attorney General, Attorney General's Office, WSU Division, French Administration 332, Pullman, WA 99164-1031, 509-335-2636; Implementation: Jenna Hyatt, Associate Vice Chancellor and Dean of Students, Lighty 360, Pullman, WA 99164-1066, 509-335-5757 and Leslie Brunelli, Executive Vice President, Finance and Administration, French Administration 442, Pullman, WA 99164-1048, 509-335-5524; and Enforcement: Jenna Hyatt, Associate Vice Chancellor and Dean of Students, Lighty 360, Pullman, WA 99164-1066, 509-335-5757 and Leslie Brunelli, Executive Vice President, Finance and Administration, French Administration 442, Pullman, WA 99164-1048, 509-335-5524.
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. WSU does not consider this rule to be a significant legislative 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(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Scope of exemption for rule proposal:
Is fully exempt.
November 22, 2023
Deborah L. Bartlett
Director
Policies, Records, and Forms
University Rules Coordinator
OTS-5043.1
AMENDATORY SECTION(Amending WSR 18-23-083, filed 11/19/18, effective 12/20/18)
WAC 504-04-130Advising and representation of parties.
Any person whose rights are in issue in a formal adjudicative proceeding has the right to have an advisor present during any stage of the proceedings. However, only persons currently admitted to ((the)) practice ((of)) law ((in the state of Washington)), including licensed legal interns, are permitted to act as representatives at the proceedings. The presiding officer has the power to impose reasonable conditions upon participation of advisors and representatives.